To be an advocate is to stand up, represent, protect the rights of, or advocate for another person, such as a care recipient, someone temporarily or permanently unable to speak for themselves, or someone who simply needs assistance dealing with medical care, health care providers, insurance companies and related issues.

The advocate must be authorized to act, either by the individual or by a court order. An individual may execute a durable or healthcare power of attorney giving detailed authorization to an advocate to act on their behalf. If the individual is incapacitated and does not have the power of attorney in place, the probate court may be petitioned to appoint a guardian to act on the individual's behalf. The person appointed could be a family member or an attorney appointed by the court. All business involving the guardian is public record. The power of attorney is definitely preferable because the individual has the opportunity to choose the persons of her/his choice, as well as keeping her/his business private.

The advocate must also be informed in the areas of advocacy. A healthcare advocate must be knowledgeable about Medicare benefits and how to access information on the Medicare website and obtain the agency's program booklets. The advocate must also have information on the person's private health insurance and any supplemental benefit programs that may be available such as Medicaid or hospice.

The advocate must also be aware of the person’s rights in various situations. The Michigan Patient Bill of Rights is an invaluable resource, as well as the Long Term Care Ombudsman’s Office and their Rights as a Resident in a Home for the Aged guidelines download pdf here.

The advocate provides an invaluable service, and is absolutely necessary for proper care and protection of rights.

Another valuable resource is the Legal Hotline for Michigan Seniors, a program of Elder Law of Michigan, which provides basic, personal legal advice and information over the telephone to older adults in Michigan.

There are no income requirements for participation, and the program serves approximately 10,000 people per year statewide. The Hotline's team of legal staff and volunteers step in when self-help is unable to resolve the problem for the client.

Article by Jim Schuster, Certified Elder Law Attorney