Walk It Through: Planning For A Parent
A power of attorney, a living will, a health care agent, and a guardianship when it is too late.
An aging father wants his daughter to handle his bills if he cannot.
Two things a person in this spot might do. Picking one shows what the law says about it.
One family. Conservatorship of property, Medicaid planning and the agent's duties in detail are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Durable power of attorneyA document naming an agent that survives the principal's incapacity. Under the Nebraska act a power of attorney is durable unless it expressly says otherwise, and it is acknowledged before a notary.
- DeclarationA signed statement by an adult of sound mind governing the withholding or withdrawal of life-sustaining treatment, witnessed by two adults or a notary.
- Health care power of attorneyA written, dated document naming a competent adult, and a successor, to make health care decisions when the principal cannot, witnessed by two adults or acknowledged before a notary who is not the agent.
- Incapacitated personA person who lacks the understanding to make or communicate responsible decisions. A verified petition states specifically where, and the court sets a hearing before appointing a guardian.
- Personal representativeThe person who acts for an estate. A wrongful death action is brought by the personal representative within two years after the death, for the widow or widower and next of kin.
- Reasonable cause to believeThe standard that triggers the duty to report child abuse or neglect, which reaches physicians, nurses, school employees and any other person.