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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