National Health Care Decisions Day

This Saturday, April 16, 2011, is

National Health Care Decisions Day (NHDD)

According to the Center for Medicare Advocacy's website, NHDD is a collaborative effort of national, state and community organizations committed to ensuring that all adults with decision-making capacity have the opportunity to communicate their preferences for end-of-life care. The Federal Patient Self-Determination Act requires that all Medicare-participating health care facilities provide information to patients regarding Advance Directives - documents that enable you to select someone to speak for you if you cannot speak for yourself and in which you can specify what types of medical treatments you would or would not want at the end of life.

Despite this Act and other efforts to increase public awareness of the right to have choices about health care, it is estimated that only a small minority of patients have completed Advance Directives. A 2003 study by the U.S. Agency for Healthcare Research and Quality found that:

• Less than 50% of severely or terminally ill patients studied had an advance directive in their medical record.


• Only 12% of patients with an advance directive had received input from their physician.


• Between 65 and 76% of physicians whose patients had an advance directive were not aware that it existed.

Take the time this weekend to consider your own desires for end-of-life care. Review your Advance Directives, if you have executed them. If not, consult your physician, discuss with family members and consult your attorney. If you or your loved ones do not have an attorney and you have questions about Advance Directives, call me, Hilary Carlson, at (401) 841-5700.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Testamentary Capacity

Testamentary Capacity

I just finished reading John Grisham's Testament. In this 1999 novel, the main theme concerns the question of whether an elderly billionaire was mentally competent when he wrote his Last Will and Testament leaving his entire fortune to an illegitimate daughter while omitting his other six children. The issue of whether a client has the capacity to execute estate planning documents is one that often must be addressed by elder law attorneys.

There are different levels of capacity depending on the type of transaction that is being considered. The degree of capacity required to enter into a business contract, for example, is greater than that required to make a testamentary gift or conveyance. In addressing whether the client has testamentary capacity, the attorney should determine, at a minimum, whether the client understands the extent of his or her estate and knows the natural objects of his or her bounty.

There are complexities inherent in determining capacity and each situation will be different, requiring a different level of assessment. There are various tools that can be used to determine capacity such as legal capacity questionnaires and mini-mental exams. Sessions can be videotaped and recorded as a way of documenting the asessment. For some clients, a brief note in the file regarding the client's understanding could be sufficient.

In all situations, though, some type of assessment will be useful in the event that someone, at some time, questions whether the client was competent and the Will is valid.
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.