Advance Dementia Directives – A Crucial Element in Estate Planning
In the realm of estate planning, it's essential to consider not only the distribution of assets but also the potential challenges that may arise in the later stages of life. One such challenge is dementia, a progressive condition that can significantly impact an individual's ability to make decisions. At Botti & Morison, we understand the importance of addressing these concerns proactively. We provide our clients with a cutting-edge, state-of-the-art Advance Dementia Directive in addition to an Advance Health Care Directive. They are two critical but separate and distinct custom-drafted legal documents. Our Advance Dementia Directive is a powerful tool that ... Read More
In Case of an Emergency, Which Hospital Will You Select?
Did you know 911 emergency services may not route you to the nearest hospital? While you have the right to ask to be transported to the hospital of your choice, either out of preference or to stay in your insurance network of doctors, you might not be permitted to do so. While you do have rights, you also have limitations, so it is best to understand how these decisions are made before experiencing a medical emergency. First, it is worth understanding the difference between an Emergency Medical Technician (EMT) and a Paramedic (most commonly referred to as an EMT-P). An ... Read More
Alzheimer’s Disease and Advance Health Care Directives
There are more than 5 million Americans suffering from Alzheimer's disease. Projections by the Alzheimer's Association (alz.org) are that by 2050 more than 14 million Americans will suffer from this disease. What can you do if you are medically diagnosed with Alzheimer's? Aside from following the advice of your medical doctor a critical step in your overall estate plan is an Advance Health Care Directive to ensure your future wishes are met when you are no longer able to think or communicate clearly because of your disease progression. Having an Advance Health Care Directive that accurately and legally reflects your ... Read More
Controversy in the Determination of Death
When is a person considered officially dead - and who gets to make the final call? These questions are still debatable, according to the Wall Street Journal. For more than four decades, physicians have been able to declare a person brain-dead, even if their heart and lung activity can be maintained with machines. But lately, the determination of death has come under scrutiny as more families are challenging the determination of brain death in loved ones. Last December, a group of lawyers as well as neurologists and philosophers from the Uniform Law Commission met to discuss potential revisions to the ... Read More
The Impact of Healthcare Analytics & Big Data: What You Need to Know
Amazon, Apple, and Google are powerful companies hoping to take over healthcare analytics in the US, with Microsoft and Facebook plotting their entry into the market as well. Big data companies are already getting our healthcare data, like storing medical records in the Cloud for a fee or using "anonymized" patient forms to create new tools. Some products already cater directly to patients, such as wearable medical devices with monitoring capabilities through the internet. So, Why Can Big Data Use My Info? While there is a need to continue the modernization of the health care system, the complexity of modernization, ... Read More
A Guide for Dementia: Communicating Feeding and Other Wishes
Many of us have experienced the pain caused by Alzheimer's and dementia. In the final stages of these cognitive diseases, the individual may no longer speak, recognize loved ones, or move purposefully. Not everyone has a plan for dementia and Alzheimer's. It is crucial to have conversations and a plan for end-of-life care. When quality of life declines, many choose to stop hand-feeding and hydration and allow the dying process to begin. Suppose the person no longer has an effective way to be heard. In that case, institutions, where such people are usually confined, are legally and morally obligated to continue ... Read More
How to Plan an Estate for a Surviving Spouse
It is difficult to think about anything beyond your grief after losing a spouse or long-time partner. However, it is crucial to understand there are important and timely decisions you need to make regarding your finances and personal estate plan. In truth, estate planning is perpetual as it accounts for changes in marriages, deaths, divorces, and births of children and grandchildren. Assuming that you have an up-to-date estate plan requiring no further action after the passing of a spouse can have disastrous consequences. Your first line of defense to avert problems is scheduling a meeting with your estate planning attorney. ... Read More
Information About Your Loved Ones Is Stored in the Mind Your Loved Ones App
In recent years, more Americans have stored and provided information through digital apps on their smartphones and tablets. Whether engaging in online banking, using a mobile plane boarding pass or creating work calendars shared in the cloud, the internet of things provides needed connectivity. Yet critical medical information, health care directives, and other essential legal documents tend to remain in older storage formats such as paper files or on-site at a hospital or doctor’s office. The American Bar Association website displays and recommends an app called Mind Your Loved Ones (MYLO) that provides access to this critical information 24/7. The ... Read More
Having a Conversation with Family About End-of-Life Care
A family discussion about your mortality is a sobering experience, but it is prudent. No one relishes the thought of their demise, and yet with forethought, you can ensure that your estate plan and your healthcare arrangements best reflect your wishes. It is essential to prioritize these discussions with your loved ones and follow up on implementation with your elder law attorney. Careful consideration of how and who you prefer to handle your medical decisions and proper legal documentation that permits these actions will provide you valuable peace of mind. If you are unsure of the scope of these discussions, ... Read More
Pandemic Directives Should Be Included in Your Advance Health Care Directive
The World Health Organization (WHO) officially named the 2019 Coronavirus outbreak on February 11, 2020. The coronavirus disease 2019 shortly after became known by its abbreviation, CO for corona, VI for virus, D for disease, and 19 for the year of the outbreak; COVID-19. This virus will likely become a milder illness in time because of vaccinations, pandemic controls, and naturally occurring herd immunities. Still, COVID-19 will probably be with us humans forever, endemic in large swaths of the world in varying degrees of intensity. According to National Geographic, COVID-19 may eventually transition into a "mild childhood illness," joining the ... Read More
Understanding How to Select Co-Agents
I have to decide between my two children, who should be my power of attorney when I need help communicating with doctors and handling my financial matters. Can't I just name them both? You can, but please don't. You risk creating conflict or chaos if you name more than one child to serve simultaneously. Instead, pick one child at a time. What to Consider When Deciding Your Health Care Agent Think about which child is better suited to the responsibilities. For health care decision-making, the agent appointented in your Advance Health Care Directive should ideally be calm in stressful situations ... Read More
Planning Your Legal End-of-Life Instructions
You have an estate plan and included in it is your Advance Health Care Directive with instructions for resuscitation. While your wishes in your Advance Health Care Directive may be appropriately documented, that does not guarantee the instructions will be carried out as you stated. The frightening truth is that mistakes about your end-of-life instructions are made while you are at your most vulnerable. Dr. Monica Williams-Murphy, medical director of advance-care planning and end-of-life education for Huntsville Hospital Health System in Alabama has said, “Unfortunately, misunderstandings involving documents meant to guide end-of-life decision-making are surprisingly common.” The underlying problem is that ... Read More
