Advance Directives

News & Analysis as of

5 Reasons Not to Put off Your Estate Planning

As the tabloids reveal that Prince died without a Will, and his family heads to court to divvy up the estate, here are five reasons you should make a thorough inventory of your assets and set up an estate plan now...more

Four Steps to Take Right After an Alzheimer's Diagnosis

If you or a loved one has been diagnosed with Alzheimer's disease, it is important to start planning immediately. There are several essential documents to help you once you become incapacitated, but if you don't already have...more

Alert: What is MOLST and Do I Need It?

You may have heard about Connecticut’s pilot program for Medical Orders for Life-Sustaining Treatment (“MOLST”) and wondered what it is and whether it impacts your estate plan. Similar programs, such as Physician Orders for...more

Tax and Estate Planning Newsletter - Winter 2015

Dear Clients and Colleagues: The holiday season brings thoughts of the New Year, with reflections on recent changes and resolutions for the future. During this season of reflection and planning, consider the effect of...more

Your Estate Plan – Four Documents You Should Be Considering

An estate plan can be a complicated thing. Attorneys, accountants, advisors all may be involved in pulling together a customized plan that conforms to your desires, complies with state and federal law and minimizes your tax...more

Summary of 2016 CMS Final Rule for Advance Care Planning

On October 30, 2015, the Centers for Medicare & Medicaid Services (“CMS”) issued the 2016 final Medicare payment rules for physicians, hospitals and other providers. The rules include a provision that empowers patients,...more

Trust and Estate Law: South Dakota Dynasty Trusts 101

Usually, estate planning involves the creation of an updated will, a health care directive, and assigning a power of attorney. But sometimes an estate needs more, especially when a large or growing inheritance is involved....more

Extra-long twin sheets, emergency credit card, and… Advance Directive and Power of Attorney (!?)

As you pack up extra-long twin sheets and the emergency credit card for your college-bound child, don’t forget to pack her legal documents. Though your high school graduate doesn’t seem too independent while you are still...more

Health Law Pulse - August 2015

The Office of the Inspector General (OIG) recently issued a favorable advisory opinion (Advisory Opinion) to a nonprofit health system (System) and a nonprofit psychiatric hospital (Center) regarding a proposal whereby the...more

Estate Planning for Same-Sex Couples After Obergefell

Many areas of the law are left unanswered by Supreme Court's decision in Obergefell , but the fundamental question of whether same-sex individuals can marry has now been answered. There have traditionally been many obstacles...more

Estate Planning Pitfall: Your powers of attorney are more than a few years old

Health care and financial powers of attorney are critical components of an effective estate plan. As this article explains, after executing powers of attorney, it’s important to periodically review them and execute new ones. ...more

Health Alert (Australia) - July 6, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgments: Victoria. 26 June 2015 - Northern Health v Kuipers [2015] VSCA 172 - The Victorian Supreme Court has allowed an appeal...more

Shorts on Long Term Care - Summer 2014

In this issue: - Nursing Facility Survey Trends: Directed Plans of Correction, Privacy Violations and FTag 520 Quality Assurance Committee Citations - COBRA Meets ACA – Time to Update COBRA Notices -...more

Advance Medical Directives? Now There's an App for That

An advance directive gives instructions on the kind of medical care you would like to receive should you become unable to express your wishes yourself, and it often designates someone to make medical decisions for you. But an...more

Health Care Decision Making

If you become incapable of making your own medical decisions, it is critical to have planning in place so that medical providers and family members know and can implement your wishes. This is especially important if you...more

New Online End-of-Life Planning Tool Now Available to NC Citizens and Health Care Providers

A new tool is now available for North Carolina citizens and health care providers that will help everyone understand end-of-life health care planning options and processes available under North Carolina law. The new website...more

CMS Issues New Surveyor Guidance on Initiating CPR in Nursing Homes and Facility CPR/DNR Policies

In a highly publicized recent case in California, a registered nurse working in an independent living facility refused to initiate cardiopulmonary resuscitation (CPR) on an elderly resident who was experiencing respiratory...more

Estate Planning Considerations: Documentation and Peace of Mind

With the introduction of the American Taxpayer Relief Act of 2012 (Act), the world of estate planning has been injected with a dose of certainty after more than 10 years of uncertainty as to federal estate, gift and...more

Shorts on Long Term Care December 2012

In this issue: - Make Me a Channel of Your Peace - CMS Signals Renewed Focus on Advance Directives and Residents’ Rights to Determine End-of-Life Care An excerpt from "Make Me a Channel of Your...more

CMS Signals Renewed Focus on Advance Directives and Residents’ Rights to Determine End-of-Life Care

By the time you read this article, if you are a skilled nursing facility (SNF), you will already be subject to new surveyor guidance from the Centers for Medicare and Medicaid Services (CMS) on advance directives and...more

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