Compliance Perspectives: Healthcare Compliance at the Border
A power of attorney (“POA”) allows a principal to assign their agent authority to make certain legal and financial decisions on their behalf. Because a POA can give an agent tremendous power over the principal’s affairs,...more
Saturday evening’s television line-up included a story about former NFL tackle Michael Oher. His story was a 2009 feature film called The Blind Side that earned more than $300 million. The sum of the story is that Oher was...more
In each instance where we write about the domestic problems of the rich and famous we try to note that their resources make their lives and their choices inherently different. Last year we covered the Costner divorce and the...more
Guardianship and conservatorship are both legal arrangements in which a court appoints someone to act on behalf of another person who cannot take care of themselves. A person is deemed legally incapacitated when they cannot...more
I wanted to start this essay by reference to history and so I grabbed my bedside copy of Sir William Blackstone’s Commentaries on the Laws of England (1765) to show that guardianship had ancient traditions. In one sense the...more
Conversations with loved ones who are declining in health and perhaps advancing in age are difficult. Such difficulty is only exacerbated when that loved one is losing their ability to make healthcare decisions on their own...more
What happens when someone who is responsible for an incapacitated family member or a minor child becomes no longer able to do so? For a Guardian serving under court ordered authority, the appointment process for a successor...more
The purpose of this article is to discuss the general process for being appointed the guardian of a loved one or other family member. The process can be simple or complicated depending upon a multitude of factors. This...more
There have been a few notable instances recently in pop culture that have shined a spotlight on conservatorships. As one might expect, the laws regarding conservatorships vary from state to state. Another type of individual...more
If you are asked to serve as guardian for either an incapacitated adult or a minor, there are several questions you should ask before accepting this fiduciary role. It is critical to understand what you are signing up for...more
In the early days of this blog, I enjoyed using celebrity estate-planning blunders to illustrate what not to do in terms of your own planning. I’ve been thinking a lot about that series lately, particularly as stories about...more
After suffering a major stroke in response to her husband’s untimely death, Juliet remains alive but unresponsive in the hospital. She will need an individual or individuals to make health care and other personal decisions,...more
These proceedings often involve a lot of parties, and often times clients are surprised that so many “extra” people are involved in their family affairs....more
Healthcare providers generally are required to have an adult patient’s consent before they can administer any type of medical care, which raises the question: Who has the authority under Utah state law to make medical...more
Laws like EMTALA and HIPAA don’t just apply to US citizens. They apply to everyone. That both keeps things simple and adds complexity when it comes to undocumented immigrants. As Lesley Anne Durant, Senior Corporate...more
I'm embarrassed to admit that my family and I are only now working our way through the great television series, Black-ish. We have found it to be a funny, relatable series that often gives us a view into things outside of our...more
Parents of a newborn or toddler may be thinking about naming a guardian for their child. This can be a difficult decision, especially if a person has a plethora of choices or, on the other hand, has no one he or she can...more
In its April 26, 2019 Opinion in the matter of Melmark, Inc. v. Schutt, et al., the Pennsylvania Supreme Court held that Pennsylvania’s filial support statute applies to a support claim by a Pennsylvania healthcare provider...more
With an aging population that continues to expand, many hospitals are struggling to address a growing problem: how to treat patients who lack mental capacity to provide informed consent to medical care....more
When preparing a will, the primary emphasis is typically on the disposition of property and related tax issues. However, selecting the right guardian to care for minor children is one of the most significant planning...more
By Order dated August 31, 2018, the Supreme Court of Pennsylvania adopted new Rule 501 of the Pennsylvania Rules of Judicial Administration, amending 204 Pa. Code § 207.3, effective immediately. Rule 501 creates an...more
On July 9, 2018, 23 law professors represented by Proskauer were granted permission to participate as amici curiae in a class action lawsuit contesting a recent U.S. Citizenship and Immigration Services (USCIS) policy change...more
A guardianship is a wonderful vehicle to assist seniors and their families in certain difficult situations. Filing a petition for appointment of a guardian over a loved one is a difficult decision that involves discernment...more
Categories: Estate Planning, Probate Litigation, Article The decline of a family member’s health can be one of the most difficult emotional challenges that a family will face. If that ailing family member hasn’t adequately...more
All U.S. citizens have a federally guaranteed right to vote, but those under guardianship (or conservatorship) may not have that right. Although things are slowly changing, some states still deny citizens the right to vote if...more