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Oklahoma Eliminates Durable Power of Healthcare Attorney

As a result of legislation passed earlier this year, starting on November 1, 2021, residents of Oklahoma can no longer appoint a durable power of attorney (POA) for healthcare. Due to this legislation, any durable power of healthcare attorney executed before November 1, 2021 should still be viewed as valid, but any durable power of healthcare attorney that is entered into after that date will no longer be viewed as valid under Oklahoma state law. Hospitals and other types of medical facilities in the state will now take into consideration the terms reflected in durable power of healthcare attorney documents but will no longer afford these estate planning documents full consideration when it comes to making decisions. Several hospitals in the state have already requested that the Oklahoma legislature reinstate the durable power of healthcare attorney, however.  A Quick Guide to the Uniform Power of Attorney Act During the 2021 legislative session, House Bill 2548 created the new Oklahoma Uniform Power of Attorney Act, which canceled the provisions of the Uniform Durable Power of Attorney Act that allowed individuals the power to utilize a durable POA for healthcare. HB 2548, however, cancels the power to make healthcare decisions and limits [...]

2021-11-08T15:18:32+00:00Tags: , |

Three Reasons to Think Twice About Durable Power of Attorney and Medicaid Planning

A durable power of attorney refers to a legal arrangement that is frequently used to deal with a person’s incapacity. While it is often a grim subject to address the prospect of a person’s eventual incapacity, failure to create the appropriate estate planning documents can later result in additional undesirable complications.  Incapacity can be caused by countless factors. For example, Alzheimer’s Disease impacts a large number of older adults. Data shows that approximately 45% of people who are 85 years old or older and suffering from Alzheimer’s disease, which can, in turn, lead to dementia. While some people think that living to an advanced age is unlikely, data shows that a continuing number of people are reaching old age. The Census Bureau reports that the oldest segment of the population in the United States is also the fastest-growing portion of the country. Understandably, many people see the value in creating a power of attorney to deal with potential issues that could arise involving incapacity. New York state even provides statutory power of attorney forms in the hopes that this can speed up the process. This form is legally valid and if completed properly will give another individual certain powers to [...]

2021-05-23T18:06:34+00:00Tags: , , |

Three Pieces of Advice About Organ Donation and Estate Planning

In February 2020, a bill referred to as “Griffin’s Law” passed the Montana Senate 49-0. Even though Montana has no transplant centers of its own, it is still hoped that if the regulation is passed into law it will help to draw attention to the issue of donation discrimination. Provided that the bill passes the house and is signed by the governor, Montana is slated to become the 17th state to prohibit such discrimination.  With over 100,000 individuals on the waiting list for organs in the country, medical professionals often must make difficult decisions about which patients are most likely to benefit from transplants. One 2019 report reveals that individuals with intellectual or neurodevelopmental disabilities are more likely to have co-occurring conditions that could make transplants dangerous. Other people believe that these patients might not be able to comply with post-transplant requirements. In addition to the new regulation, the transplant surgeons’ society also recently adopted a new statement supporting nondiscrimination and encouraging transplant centers to find a way to support all patients. While the issue of transplant discrimination is one of the biggest challenges facing the transplant industry today, many people still wrestle with the idea of how to approach [...]

Estate Planning Issues When a Loved One Has a Long-Term Illness

No matter if it is arthritis, Alzheimer’s, or multiple sclerosis, long-lasting medical conditions should influence how an estate plan is written. This is an important issue because millions of individuals are living with chronic illnesses.  The following will review some of the important steps that individuals who suffer from chronic conditions should follow when estate planning. The Role of Revocable Trusts A number of estate plans utilize revocable trusts. One of the primary purposes of a revocable trust is to avoid the costs and other challenges that can arise during the probate process.  Many people with chronic medical conditions discover that revocable trusts are a powerful way to plan for the succession of finances. Some individuals with revocable trusts even decide to appoint trust protectors who help to safeguard the trust. The Role of Living Wills A living will is a document that contains a person’s health care wishes, including end-of-life issues. These documents can also reflect a person’s religious beliefs. For individuals with chronic health issues, there are unique considerations involved with living wills including how potential unique complications with a disease should be handled.  There also might be certain courses of treatment that are anticipated when a disease [...]

Issues of Incapacity in Estate Planning

One of the most common estate planning mistakes is to focus on creating trusts and wills to make sure that property is transferred according to your wishes, to the exclusion of anything else. Another essential issue to consider when estate planning is incapacity. When a person is unable to make medical decisions or handle a situation because of an injury or medical condition, someone else needs to step in. In Oklahoma, a person’s wishes for how incapacity issues should be handled should be clearly outlined in an advance care directive. Healthcare Directives When a person experiences incapacity, he or she is unable to provide details about what type of medical care he or she should receive. Healthcare directives become effective when a person is no longer able to speak for him or herself as a result of a medical condition. These directives allow a person to list the types of medical treatment he or she would like to receive and not like to receive. After a person executes a healthcare directive, a person has the option to alter or revoke it at any time. Healthcare Power of Attorney There are a number of medical procedures that might be used for [...]

2019-04-20T02:52:00+00:00Tags: , , |