Essential Legal Documents for Pennsylvania Seniors

Preparing for your aging parent’s future means putting the right legal protections in place. In Pennsylvania, three main documents give you the authority to handle their medical and financial affairs. You must follow state laws for these documents to be valid.

A financial power of attorney gives you access to your parent’s bank accounts to pay bills or fund care. Pennsylvania requires a notary for it. The statutory notice required in a Pennsylvania financial power of attorney warns the principal that they are granting broad powers. In turn, the agent must sign an acknowledgment of their duties, confirming they will act in the principal’s best interest.

A health care power of attorney only takes effect when your parent cannot make or communicate their own medical decisions. The designated agent can talk to doctors, review medical records, and consent to treatments. A living will is different. It acts as an advance directive specifically for end-of-life care, outlining whether your parent wants life-sustaining treatments if they are in a terminal condition. The health care power of attorney and living will focus strictly on medical choices and only require witnesses.

When to Prepare Legal Documents

You should complete these documents while your parent still has the mental capacity to understand them. If your loved one receives a dementia diagnosis, act quickly. According to the Alzheimer’s Association, the early stage of Alzheimer’s is the right time to make legal, financial, and end-of-life plans.

During the early stage, a person may still function independently, drive, or work. They might simply have trouble finding words, misplace valuables, or struggle to plan. Because they are still aware, they can take part in selecting their designated agents and outlining their care wishes.

As the disease moves into the middle stage, people begin forgetting personal history and get confused about date and place, which can make it harder to understand and sign documents. An elder law attorney can advise on capacity. On average, people live four to eight years after an Alzheimer’s diagnosis, so early planning provides clear direction for the years ahead.

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How Power of Attorney Affects Paid Caregiving

Many families look into the Community HealthChoices (CHC) program to cover home care costs. CHC is Pennsylvania’s Medicaid managed care program for adults 21 and older who need long-term services and supports. Under this program, family members can sometimes be paid to provide Personal Assistance Services.

Personal Assistance Services under the CHC waiver cover help with activities of daily living like eating, bathing, and dressing. They also cover cueing and supervising people who cannot safely be left alone. While family members can be paid for these services, acting as your parent’s Power of Attorney restricts your ability to be their paid caregiver.

The CHC waiver will not pay for services provided by the participant’s spouse, legal guardian, representative payee, or Power of Attorney. During the pandemic, there were temporary exceptions allowing a POA to be paid, but those ended on May 11, 2023. The Office of Long Term Living does not expect to make future exceptions.

If you are your parent’s POA, the CHC waiver won’t pay you as their caregiver. You can learn more about these restrictions on our spouse and POA caregiver page. Families must decide whether it makes more sense for one child to hold the POA while another child provides the paid care.

Pennsylvania law also protects seniors who hire outside help. Under 28 Pa. Code Chapter 611, no one affiliated with a home care agency may assume POA or guardianship over a consumer of that agency. This rule ensures that agency staff cannot take control of a client’s finances or medical decisions.

Where to Get Help with Senior Legal Issues

You should hire an elder law attorney to draft these legal documents. An attorney ensures the paperwork complies with state law and fits your family’s specific needs. They can also explain Medicaid estate recovery, which allows the state to recover care costs from a recipient’s estate after they pass away.

If you have questions about Medicaid waiver eligibility or experience a denial of services, contact the Pennsylvania Health Law Project (PHLP). Their helpline at 1-800-274-3258 provides free legal help for Office of Long Term Living waivers.

If your CHC eligibility is denied, you have the right to a Department of Human Services Fair Hearing. You must appeal in writing within 30 days of the notice. If you want to keep your current services in place during the appeal, you must file within 15 days. PHLP can guide you through this process.

For more information on aging programs and non-medical support, visit our senior care resources section.

When your legal documents are ready and you need a reliable caregiver, New Century Home Care is here to help. Call us at 215-974-0000 or complete our online form by selecting “I am a client” and “I need services.”