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Benefits Counseling & Legal Assistance
The Benefits Counseling program is addressed in the Older
Americans Act of 1965. Insurance benefits and public benefits are the primary
areas of involvement, with the requirement to give priority to older individuals
with greatest economical need. In addition to providing counseling services,
outreach activities are conducted to inform older individuals of available
benefits. The Texas Administrative Code defines these two components as Legal
Assistance and Legal Awareness.
Benefits Counseling is available through the Area Agency on Aging to
provide information and assistance about health insurance options, public
benefits and entitlements. Help is available for persons 60 years and older and
to Medicare beneficiaries of any age. Benefits Counselors can also provide
intervention and advocacy when it is needed, and have access to advice from
lawyers who staff the Legal Hotline for Older Texans.
Specifically, trained AAA staff assists clients in understanding public
and private benefits. Assistance with pathways to finding a
Medicare supplemental policy, questions about
Social
Security benefits, questions
about insurance claim forms and hospital and doctor bills, or help with filling
out a form to start Medicaid
benefits are some of the areas where clients can find assistance. Benefits
Counselors confer with clients over the telephone, in the office, or will make
home visits where it is more convenient for the client. At the time that a
client calls or comes in to the office, a particular need is targeted. The
client and Benefits Counselor fill out an intake information form which the
client signs giving permission for counselor assistance. Care is taken to
maintain client confidentiality.
Staff at the Concho Valley Area Agency on Aging is now
certified to assist with completing Advance Directives. This
process was a factor in the 77th Texas Legislature in Government Code Section
81.1011 as an amendment to the "Practice of Law" statute. The Four documents
that Benefits Counselors may assist in completing are:
-
Medical Power of Attorney
-
Directive to Physicians and Family or Surrogate
-
Out-of-Hospital Do-Not-Resuscitate
-
Declaration of Guardian Before Need Arises
Because
we are federally funded, preparation of Advance Directives and most services are
provided free of charge. Donations from individuals and corporations are
accepted and appreciated as that allows us to serve even more seniors.
For more information
contact Patsy
Fernandez at 325-223-5704 or toll free 1-877-944-9666.
E-mail address patsy@cvcog.org.
TEXAS
ADVANCE
DIRECTIVES
MEDICAL POWER OF ATTORNEY. A power of
attorney is an instrument or contract where one individual, known as the
principal, authorizes another individual, known as the agent or attorney in
fact, to make health care or financial decisions on behalf of the principal.
Texas
has a standard Medical Power
of Attorney form for health care decisions. The Medical Power of Attorney
"springs" into effect at the time the principal's physician certifies in writing
that the principal has become unable to make healthcare decisions. Even after
the principal executes the Medical Power of Attorney, the principal has the
right to make healthcare decisions as long as the principal is able to do so.
Also, treatment cannot be given or stopped over the principal's objection
regardless of whether the principal is competent. The agent's authority may be
revoked by the principal, by divorce, by guardianship, or by other means.
DIRECTIVE TO PHYSICIAN. A Directive to
Physician, or living will, is an instrument executed by a "declarant" wherein
the declarant communicates his or her wishes about a medical treatment at some
time in the future to his or her physician, family or surrogates. The medical
treatment decision is whether to administer, withhold or withdraw
life-sustaining procedures for a terminal or irreversible condition if natural
death is imminent. A terminal condition is an incurable condition which will
probably produce death within six months. An irreversible condition may be
treated by not cured, leaves a person unable to care for or make decisions for
the person's own self, and is fatal without life-sustaining treatment.
Texas
has a standard Directive to
Physician form. If a declarant does not have a Medical Power of Attorney, he or
she may designate persons to make treatment decisions with the declarant's
physician consistent with the declarant's values. It is recommended that one
have both a Medical Power of Attorney and Directive to Physician. A declarant
may revoke a directive at any time without regard to the declarant's mental
state or competency.
OUT-OF-HOSPITAL DO-NOT-RESUSCITATE
ORDER. This form was designed to comply with the requirements as set
forth in Chapter 166 of the Health and Safety Code relating to the issuance of
Out-of-Hospital Do-Not-Resuscitate (DNR) orders for the purpose of instructing
Emergency Medical Personnel and other health care professionals to forego
resuscitation attempts and to permit the patient to have a natural death with
peace and dignity. The order does NOT affect the provision of other emergency
care including comfort care. This document can be revoked at any time.
DESIGNATION OF GUARDIAN BEFORE NEED
ARISES. The Designation of Guardian before Need Arises allows a person
to say who the person would want as guardian, if a guardian ever were needed.
This document also allows a person to forbid the guardianship court from ever
naming certain individuals as guardian. The guardianship court cannot appoint
such a "de-designated" individual as guardian for the person who executes the
Designation. This document can be revoked by executing a new designation that
revokes a prior one, or by destroying or canceling (striking through) the
designation.
LINKS FOR BENEFITS COUNSELING
Legal Hotline for Older Texans
1-800-622-2520
Medicare 1-800-MEDICARE
Social Security 1-800-772-1213 Local - 325-949-4608
Medicaid 1-888-752-4888
Medicaid Fraud/Abuse Hot-line Local - 325-659-7900 www.hhsc.texas.gov
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