Legally Speaking Understanding and managing common legal issues in - - PowerPoint PPT Presentation

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Legally Speaking Understanding and managing common legal issues in - - PowerPoint PPT Presentation

Nov 01, 2023 251 likes •711 views

Legally Speaking Understanding and managing common legal issues in the primary care setting Presenter Caroline M. Dellenbusch, J.D. Attorney Counselor Mediator Goals and Objectives Learn and understand legal terms that often occur in

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“Legally Speaking”

Understanding and managing common legal issues in the primary care setting

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Presenter

Caroline M. Dellenbusch, J.D.

Attorney Counselor Mediator

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Goals and Objectives

Learn and understand legal terms that often

  • ccur in the primary care setting

Be able to identify the appropriate legal paperwork Discuss how to best manage selected situations when confronted with legal issues Referral information for legal help

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Common Legal Terms

  • Advance Directives

– Durable Power of Attorney for Health Care – Patient Advocate Designation – Health Care Proxy – Living Will – Do-Not-Resuscitate (DNR) – Anatomical Gifts

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Common Legal Terms

  • Durable Power of Attorney for Finances
  • Agent
  • Revocable Living Trust
  • Trustee
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Common Legal Terms

  • Guardian
  • A person appointed by a probate court

and given power and responsibility to make certain decisions about the care of another individual.

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Common Legal Terms

  • Conservator
  • A person appointed by a probate court

and has broad power to handle all assets held

  • n behalf of the protected individual and to

make payments from the assets for the health, benefit, and welfare of the protected individual.

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Durable Power of Attorney

  • A Durable Power of Attorney for Health Care

(DPOA-HC) is a legal mechanism which allows an individual to appoint a person to make health care decisions when that individual becomes unable to do so.

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Durable Power of Attorney

  • The Durable Power of Attorney for Health Care

(DPOA-HC) is also known as a health care proxy or a patient advocate designation.

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Durable Power of Attorney

  • A DPOA-HC as your appointed patient

advocate, makes decisions based on your wishes and the circumstances of your medical condition at that particular time.

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Advanced Directives

  • A DPOA-HC and a “living will” both fall under

the broad category of advance directives.

  • A “living will”, by contrast to a DPOA-HC, is

simply a written statement of your wishes which must be interpreted and implemented by someone, perhaps a family member or your physician.

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Advanced Directives

  • “Living wills” are not legally binding in

Michigan.

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Advanced Directives

  • Two other Advanced Directives are:
  • 1. A do-not-resuscitate declaration (DNR)
  • 2. A declaration of anatomical gift when the

individual dies.

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Advanced Directives

  • Reference document: Feb 2014 DNR 2 no

physician.pdf

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Advanced Directives

  • Reference document: Feb 2014 DNR 1

physician.pdfx.pdf

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Legal Guardian

  • The individual must be a legally incapacitated

individual and imposition of guardianship must be necessary to provide for the individual’s care.

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Legal Guardian

  • A legally incapacitated individual is an adult

who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or

  • ther cause to the extent of lacking sufficient

understanding to make or communicate decisions.

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Legal Guardian

  • A judge makes this decision often relying on

medical professionals and evaluations.

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Legal Guardian

  • If the individual has a reduced life expectancy

due to advanced illness, the guardian may have the power to make an informed decision

  • n behalf of the individual regarding

receiving, continuing, or refusing medical treatment.

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Legal Guardian

  • Reference document: Order Appointing

Guardian DD.pdf

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Legal Guardian

  • Reference document: Order Appointing

Temporary Guardian.pdf

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Legal Guardian

  • Reference document: Letters of Guardianship

DD.pdf

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Legal Guardian

  • Reference document: Letters of Temp

Guardianship.pfx.pdf

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Legal Guardian

  • Reference document: Order Appointing

Guardian of Incapacitated Individual.pdfx.pdf

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Pros & Cons

  • Patient Advocate vs Guardian
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Power of Attorney for Finances

  • Reference document: Durable Power of

Attorney.pdf

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Trust

  • Reference document: Certificate of trust

existence and authority.pdf

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Conservator

  • Reference document: Order Appointing

Conservator.pdf

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Conservator

  • Reference document: Letters of

Conservatorship.pdf

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Pros & Cons

  • Agent under Durable Power of Attorney for

Finances vs Conservator

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Case One

  • What do you do when a person presents

himself at your office and states that he is the patient’s DPOA-HC. Do you first insist on seeing the legal documents?

  • Discussion
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Case Two

  • What do you do when a patient’s family

member insists on talking for the patient and that all information about the patient’s diagnosis and treatments are only shared with him?

  • Discussion
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Case Three

  • What happens when conflicting paper work is

presented?

  • Discussion
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Case Four

  • What if there is no one to speak for the

patient and the patient may not have capacity to give informed consent?

  • Discussion
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Case Five

  • What is the legal standing of an advanced

directive for an individual who has an assigned DPOA?

  • Discussion
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Referral Information

  • Elder Law of Michigan
  • A non-profit organization specializing in

training, education, and advocacy on legal issues facing seniors in Michigan

  • www.elderlawofmi.org
  • (866)- 400-9164
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Referral Information

  • Michigan Legal Help
  • “Do-It-Yourself” tutorials and forms in areas in

law where an attorney may not be necessary.

  • www.michiganlegalhelp.org
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Referral Information

  • Legal Assistance Center
  • Solving basic legal problems without an

attorney

  • No appointment is necessary and most

services are free

  • (616) 632-6000
  • www.legalassistancecenter.org
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Referral Information

  • Lawyer Referral and Information Service

(Kent County Legal Assistance Center)

  • www.lawyerreferralservices.org/kent-county-

mi/

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Referral Information

  • Legal Aid of Western Michigan
  • Serves people in 17 counties in the lower

western part of Michigan.

  • Services are targeted for persons who are at
  • r slightly over the federal poverty levels and

Seniors.

  • www.legalaidwestmich.org
  • (800) 442-2777 or (616) 774-0672
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Referral Information

  • DIY Will and Advance Directives:
  • Planning for Your Peace of Mind—A Guide to

Medical and Legal Issues

  • Reference document: MCM_Advance

Directive.pdf

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Referral Information

  • Planning for Your Peace of Mind—A Guide to

Medical and Legal Issues

  • Reference document: PeaceofMind.pdf
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Questions?

  • Please ask or type your questions in chat
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Thank you!

  • Please complete the brief survey following the
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