Legal and Patient Rights
Explore / Legal and Patient Rights
It’s your money and you have the right to make all financial decisions about how to use it. This is true as long as you have the mental ability to take care of your finances. What is also true is that anyone of us may need help managing our finances, or become unexpectedly incapacitated because of an illness or a sudden accident. That’s why it is important to have a back-up plan in which you choose a person(s) to help with your financial affairs and give instructions on how you want your finances to be managed, including arranging and paying for long term care. Attorney Elizabeth Baum offers some options to consider in making a personal back-up plan. Read more.
Contributed by Elizabeth Baum, J.D., M.P.H., The Law Office of Elizabeth Baum, PC
Consider your Legal and Patient Rights
Our rights and freedoms are at the very heart of how we make personal health care decisions and how we care for each other. Explore information about our most fundamental rights, and those that may apply depending on a person’s capacity and circumstances.
Care providers, from physicians to care managers, often ask about the scope of an Agent’s power and how Agents go about making health care decisions on behalf of another person. Rebecca J. Benson provides a clear and concise look at the role and responsibility of an Agent, and the Agent’s decision-making authority according to the Massachusetts Health Care Proxy statute. A must read for all care providers. Read more here.
Rebecca J. Benson. Of Counsel, Margolis & Bloom, LLP
It’s Your Health Care. It’s Your Choice. Here’s the Top 5 list of basic rights to make their own health care choices, to write down your choices in Massachusetts planning documents, and have their choices honored all through your life. Read more here.
“When do you need a Guardian and what does a Guardian do?”
“What’s the difference between a Guardian and a Health Care Agent?”
These are questions that are often asked when a loved one has some challenges with making effective decisions about their health care, safety and well-being. Attorney Sarah Peterson address these questions and helps to explore the role of a guardian in protecting the rights and autonomy of an adult and helping to provide for needed services and care. Read more here.
Sarah W. Peterson, Esq., Zalkin Law Firm, PC
New State Regulations for Hospitals, Clinics, and Long Term Care Facilities
Adults with serious advancing illness must be offered end of life care information to make informed choices.
On December 19, 2014, new state regulations went into effect requiring all licensed hospitals, clinics, and long term care facilities to offer information on a full range of end of life care options to adults with serious advancing illness. The new regulation supports every adult’s right to make informed care choices, to communicate their choices in Massachusetts planning documents, and to receive the best possible care that honors an adult’s values and choices. Read more.
As of July 1, 2015, all 236 Assisted Living Residences in Massachusetts must be in full compliance with the revised certification regulations. There are two revisions which are particularly important to health care planning and to honor an adult’s choices for care. The two revisions are as follows:
1. Before a resident moves in, a nurse must complete a screening and ask whether the resident has “legal representation or any person who has decision-making authority and the scope of that authority”, and make a note in the resident’s record; and,
2. If the resident has a serious advancing illness, the staff must offer information regarding a full range of end of life care treatment options to the resident, Health Care Agent or Guardian. Read more here and find helpful links to information.
Every adult who is competent and 18 years old and older can make a personal health care plan. Attorney Benson provides information on your right to make a personal plan and essential Massachusetts planning documents.
Moving into a long-term care residence can have a significant effect on an individual’s personal rights. Attorney Benson provides helpful information on “taking your rights and freedoms with you.”
Rebecca J. Benson is Of Counsel to Margolis & Bloom, LLP
Every individual at 18 years old is legally emancipated and recognized by the law as capable and competent to make his/her own decisions. Attorney Kopley offers information regarding the rights and protections for adults with disabilities, whether an individual has the capacity to make effective health care decisions, has some limits to capacity, or is unable to make effective health care decisions.
Elise S. Kopley, Esquire
A diagnosis of a mental illness does not automatically mean an individual cannot manage his or her own health care decisions or make a health care plan. Attorney Borenstein provides information to consider in helping a person understand an illness and create a personal plan for care.
Devorah Anne Vester Borenstein, Esq.
Why do I need a Durable Power of Attorney?
Attorney Timothy R. Loff explains why it’s important to appoint a person you trust to help you with tasks like paying your bills, selling your house, applying for public benefits, if you are not able to do those tasks yourself. Attorney Loff offers valuable information on commonly asked questions about the Durable Powers of Attorney. Read more.
Timothy R. Loff, Esq.
A spouse? A sister? A friend? How do you choose an Agent? Here’s a guide of commonly asked questions to consider when choosing a person to make medical decisions on your behalf.
Eden D. Prendergast, Esq.