Introduction
Poor health can jeopardize a person's ability to defend his legal rights. Safeguarding those rights requires advance thinking and planning. Sudden illness can cause profound weakness and confusion, while chronic illness can affect the ability to think clearly, making a person vulnerable and perhaps leading to the unwilling forfeiture of control. Conducting personal or business affairs, making wishes known, and making sure those wishes are respected may be impossible for a person who is physically or mentally impaired. Nevertheless, adults of any age can take steps to protect themselves against losing control over their lives, and such steps are especially important for older people. A durable power of attorney, a living will, or a revocable trust in combination with a living will can help direct the legal system so that decisions affecting health care and property management and distribution are made in accordance with a person's wishes.
The legal system in the United States operates on federal, state, and local levels. In general, federal law affects how property is taxed when it is given away, either while the owner is alive or after death. Federal law also controls Medicare, a program that provides health care coverage for most people aged 65 and older. In general, state laws determine how people can direct their own care if they become incapacitated. State laws also determine who is qualified for benefits under Medicaid, a program that provides health care coverage for some of the poor and disabled. In addition, state laws control property distribution if a person dies without a will or trust. Because state laws differ significantly, seeking an attorney's advice is important, particularly concerning property matters. Regarding health care matters, people can take many steps on their own and can enlist the help of their doctor and a social worker. Preparation of a living will document or a durable power of attorney agreement does not require an attorney. Complex financial documents should be written by an attorney.
 See the sidebar Legal Terms Related to Health Care.
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