To improve advance health care planning, the American Bar Association’s Commission on Law and Aging developed advance care planning principles for attorneys as set forth in the publication found below, entitled “Advance Directives: Counseling Guide for Lawyers.” The advance care planning principles in the guide provide a conceptual framework and guidelines for lawyers and health.. read more →

In 1998, Joan McFadden executed two powers of attorney (POAs) and a Living Will-Durable Health Care Power appointing John McFadden, her nephew, as her agent and attorney in fact, and Mary Sexton, her niece and John’s sister, as her alternative agent and attorney-in-fact. The two POAs stated that they would become effective upon the following.. read more →

A New York end-of-life agency, named End Of Life Choices New York, has approved a new form of advance directive document that allows people to stipulate, in advance, that they don’t want food or water if they develop severe dementia. The new advance directive is called the “Advance Directive for Receiving Oral Food and Fluids in.. read more →

A judge in Los Angeles ruled that a spouse in California is the presumptive healthcare decision-maker when there is no advance directive and the partner is in a persistent vegetative state. In re the Matter of Juan Fernando Romero, Patient, Case No. 16STPB06815 (Superior Ct., March 2, 2018). The case involved Juan Fernando Romero, who suffered.. read more →

Powers of Attorney are common but often misunderstood estate documents in New Jersey and other states. A power of attorney is a legal document. When you sign a power of attorney, you appoint another person to serve as your agent (or “attorney-in-fact”). Legally, there are many duties and responsibilities imposed on an agent under a.. read more →

  The Law Office of Donald D. Vanarelli provides Special Needs Trusts and Disability Planning Attorney Services throughout the State of New Jersey. See: https://vanarellilaw.com/special-needs-disability-planning/ Elder Law topics covered in this video include Guardianships, Conservatorships, Power of Attorney, Representative Payeeships (SSA and SSI), Joint Tenancies (including joint bank accounts), Advance Medical Directives (living wills), Do.. read more →

Medicare beneficiaries may now discuss options for end-of-life care with their health care providers. Beneficiaries were always free to talk about advance care planning with their doctors or other qualified health professionals. Unfortunately, however, until recently practitioners could be reimbursed for such discussions only during a patient’s “Welcome to Medicare” visit. Under new regulations effective.. read more →

Donald D. Vanarelli, Esq. will be speaking at the “First Annual End Of Life Conference: Legal and Practical Issues in Advance Care Planning” presented by the New Jersey Institute of Continuing Legal Education on Monday, Oct. 5, 2015, from 9 a.m. to 1 p.m., at the NJ Law Center in New Brunswick, NJ This program,.. read more →

An “advance medical directive” (also known as a “health care advance directive” or “instruction directive”) is a written statement made by the patient concerning future health care wishes. Advance directives consist of two parts: a “living will” and a “health care proxy” (a “health care power of attorney”). A living will is a document in.. read more →

In the New Jersey Advance Directives for Health Care Act, N.J.S.A. 26:2H-53 et seq., the State of New Jersey recognized that a competent adult has a statutory right to plan ahead for health care decisions through the execution of advance medical directives, and to have the wishes expressed in those documents respected. A more recent.. read more →

As we age, the decrease in independence and concurrent increasing need for care which often occur can be a source of stress and conflict in many families. Adult children who must provide care to aging parents or who must make health care or financial decisions for dependent family members face tremendous challenges. Care-giving and decision-making.. read more →

At the time of the Court’s decision, Marie Fecoskay was an 87 year old woman who had been admitted to the hospital because of an infection. A few days after admission, Mrs. Fecoskay went into cardiac arrest, became comatose as a result of oxygen deprivation and was placed on a ventilator with feeding tube. The.. read more →

Rita Stein, on behalf of herself and as executrix of the estate of her deceased husband Milton Stein, filed a lawsuit in federal court against the County of Nassau, the Nassau County Police Department, and four emergency responders. Rita claimed that the emergency responders violated her and her husband’s rights under the Fourth, Fifth, and Fourteenth.. read more →

The New Jersey Foundation for Aging was founded in 1998 to improve the quality of life of New Jersey’s older residents. The Foundation is a nongovernmental, nonprofit organization that derives its financial support through contributions from private donors, public and private foundations and corporations. The mission of the Foundation is “to improve and expand new.. read more →

Issues surrounding end-of-life medical decisions are seldom easy. However, planning for future healthcare needs, which includes end-of-life medical decision-making, is one of the most important acts elders can perform, both for themselves and their loved ones. Federal and state laws recognize an individual’s constitutional right to refuse medical treatment, and aim to ensure that a.. read more →

Emotional reactions to the thought of end-of-life decisions prevent many people from planning for their future health needs; nevertheless, it is vital to stress to your clients that “planning now for your future health care is one of the most important acts you will ever do for yourself and your loved ones.” Advance Directives: Your.. read more →

While personal autonomy has long been recognized as a hallmark of modern society, patient autonomy has more recently emerged as a hallmark of modern medical ethics. Lynch, H., Mathes, M. and Sawicki, N., Compliance with Advance Directives: Wrongful Living and Tort Law Incentives, 29 Journal of Legal Medicine 133 (Apr.-June 2008). Federal law now recognizes.. read more →