Family

State Laws Regulating Durable Powers of Attorney

Most states recognize Durable Powers of Attorney. However, like Durable Powers of Attorney for Healthcare, the laws in each state vary. Each state has their own requirements and limitations. Some states recognize that a Durable Power of Attorney will take effect immediately upon execution. This means that you should be extremely careful before you draft this document and have it executed.

State Laws Regulating Durable Powers of Attorney

Living Wills

In the unfortunate event that you become ill or mentally incapacitated, it is important for you to have a means of expressing what medical procedures you want to be performed before you become sick. It is surprisingly easy to do so with a Living Will. When creating a Living Will, you must be of sound mind and not incapacitated.

The Living Will - A Sample

You might wish to click to open a sample of a Living Will in another window to follow along with this discussion. You will need Adobe Reader to open this PDF. You may download it here.

Another Living Will Sample

You might wish to click to open this sample Living Will in another window to follow along with this discussion. You will need Adobe Reader to open this PDF. You may download it here.

Medicare – Appeals Process

Medicare is governed largely by federal statutes and regulations. Of course, each state may have its own process of appealing a Medicare decision and these should be checked in each case. Because of the federal rules and regulations involved, the typical administrative law process is followed under Medicare.

Do I Always Need a Lawyer in Medicare Disputes?

Do you always need a lawyer in Medicare Disputes? Of course not, and in fact, we recommend that for certain problems you do not incur the cost of an attorney. Remember to use a cost-benefit analysis in this area, as well as others, in deciding to retain an attorney.

Hospice Care Defined

What is hospice care? Hospice care is generally provided for terminally ill patients, and does not contemplate care for patients who are likely to recover from illnesses, regardless of severity. Hospice care generally involves the process of managing an illness and not curing an illness. The rules covering hospice care are detailed and also vary from state to state.