|POLST®: Co-Piloting, Not Hijacking, the Advance Directive||Through a series of real-life scenarios, learn how attorneys can work with health care professionals to ensure the client’s end-of-life wishes are met. Attorney Fay Blix, CELA, CAP, and medical doctor Susan Tolle, MD, collaborate on this article demonstrating that, when used appropriately, POLST form orders function much like a trust protector does for a trust, ensuring that the client’s intent, the client’s wishes as expressed in an advance directive, are consistently honored despite changing circumstances.
|Case Note: Morenz v. Wilson-Coker||This case holds that federal law requires state Medicaid programs to honor "spousal refusal"
|South Carolina Probate Court Mediation Pilot Program||Advocacy/Litigation Section article
|The Effect of the Uniform Trust Code (UTC) on Special Needs Trusts (SNTs)||This session will present both the
“pro” and “con” arguments relating to
the future of SNT’s in UTC States.
|Claims Against Third Parties in Nursing Facility Collection Cases (Part 2)||In this session you will receive practical tips, case examples, and sample materials on defending suits against third parties by nursing facilities.
|Mental Health and Guardianship (2009)||Session from 2009 Public Benefits and Guardianship Institute presented by Fay Blix, CELA, John J. Ford, Neighborhood Legal Services and Sheila Shea, New York Appellate Division. The intersection of guardianship and mental health procedures can be a challenging situation. How does a practitioner coordinate the two procedures, care for the incapacitated person and assist the family? The panel presentation is followed by a workshop-style directed discussion led by panel members and leaders from the Guardianship/Capacity Section.
|POLST: Life Support for Advance Directives?||Despite the high expectations of those involved in the passage of the Patient Self Determination Act1 in 1990, the goal of having the majority of Americans engage in advance health care planning and having such end-of-life decisions consistently honored by health care providers has yet to be achieved.
|Medical Ethics Committee Participation: How It Can Affect Your Practice and Community||stellar panel will discuss why
Elder Law attorneys should pursue
membership on medical ethics
committees. The panel will speak
from both academic and real-life
perspectives regarding what medical
ethics committees are and about the
multitude of issues they consider.
Topics will include, but not be
limited to: end-of-life care; palliative
care; advance directives; decision making
logjams, and overcoming
the medical profession’s fear of
lawsuits. Participants will leave the
session with concrete ideas regarding
how participation on medical ethics
committees will benefit their law
practices and the communities in
which they live.
|Health Care Reform and End-of-Life Issues||While very little about end-of-life issues remained in the final health care reform bill when it ultimately passed, it was these very end-of-life concerns that almost derailed the entire reform enterprise. This article will briefly summarize the end-of-life provisions contained in the various versions of the House and Senate bills. It will also provide a short history of the political firestorm surrounding the debate over these issues. Finally, it will address the impact of this debate on our senior and special needs clients as well as some of the ways in which the Elder and Special Needs Law community can allay our clients’ concerns and turn this crisis into an opportunity for growth.
|Mental Health and Guardianship||The intersection of guardianship and mental health procedures can be a challenging situation. How does a practitioner coordinate the two procedures, care for the incapacitated person and assist the family? The panel presentation is followed by a workshop-style directed discussion led by panel members and leaders from the Guardianship/Capacity Section.