Patient's Rights: Non-Discrimination in Hospital Visitation

Did you know that there are some hospitals and medical facilities that will keep an unmarried person from visiting his or her partner?  There are.  And, many times it doesn't even matter if the people are in a heterosexual or same-sex relationship.  That's about to change.

On April 15, 2010, President Obama signed a presidential memorandum directing the Secretary of Health and Human Services to implement new rules to ensure that hospitals that participate in Medicare or Medicaid respect the rights of patients to designate visitors, and that such visitors should enjoy visitation privileges that are no more restrictive than those that immediate family members enjoy.

After such rules are promulgated, participating hospitals will no longer be able to deny visitation privileges on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, or disability.  However, the rules will still take into account the need for hospitals to restrict visitation in medically appropriate circumstances, as well as the clinical decisions that medical professionals make about a patient's care or treatment.

Further, the Memorandum directs that rules be put into place to ensure that hospitals that receive Medicare or Medicaid respect a patient's decision contained in the patient's advanced directives, such as durable powers of attorney and health care proxies, and that the patient's representatives otherwise have the right to make informed decisions regarding the patient's care.

This is great news for unmarried couples, whether they be in heterosexual or same-sex relationships, as well as people who wish to designate someone other than a family member to make their healthcare decisions for them.

To read the entire text of the Presidential Memorandum, click here.

National Healthcare Decisions Day is April 16

Studies show that less than one-third of all adults in the U.S. have a living will or any type of Advance Directive.  National Healthcare Decisions Day (NCDD) began in 2008 as a grassroots initiative to address this problem, by encouraging Americans to express their wishes regarding healthcare and for providers and facilities to respect those wishes. The event's date, April 16th, is no coincidence. Nathan Kottkamp, Chairman of the NHDD initiative, selected the day after "Tax Day" as a tribute to Benjamin Franklin's famous adage: "Nothing in life is certain but death and taxes."

At Kristel K. Patton, P.C., we are committed to helping our clients plan for whatever the future may hold, not just financially but in all matters relating to healthcare.  This is why we have made a living will and healthcare power of attorney part of every client's comprehensive estate plan.  And, why we give our clients who are enrolled in our Empowered Legacy Planning Maintenance and Education process a complimentary membership to the DocuBank Healthcare Directives Registry. This service ensures our clients' healthcare directives and other vital medical information are immediately available to medical professionals and family members 24/7/365 in the event of an emergency.

If you have an existing healthcare power of attorney and living will, we encourage you to review your directives to ensure they still reflect your wishes. Tell your loved ones you have created documents pertaining to your healthcare wishes, so they will have the peace of mind that comes with knowing what to do in an emergency. And, if you are a DocuBank member, carry your DocuBank card in your purse or wallet at all times.

Family Heritage: St. Patrick's Day

The Irish have observed St. Patrick’s Day on March 17^th for more than a thousand years. Traditionally, Irish families would attend church in the morning and celebrate in the afternoon with dance, drink and a feast consisting of bacon (not corned beef) and cabbage. Today, St. Patrick’s Day is celebrated all over the globe. The world’s oldest civilian parade, the New York City St. Patrick’s Day Parade, features over 150,000 participants and is attended by nearly three million people. Boston, Chicago, Philadelphia, Savannah and other cities also host massive parades.

Clearly, St. Patrick achieved an enduring legacy. Yet very little is known about the man himself, what he truly believed and valued most in life. Would he approve of green hats, green rivers and green beer (perhaps consumed with a wee bit too much exuberance)? We simply do not know. And, of course, our firm was not there to help him make his wishes known, by designing a customized estate and legacy plan.

Here at Kristel K. Patton, P.C., we can create such a plan for you and your loved ones. A plan that provides for your financial and healthcare needs today, and ensures you give what you want, when you want, to whom you want… today, tomorrow and beyond. A plan, in short, that protects your loved ones and legacy. It is important to note that for your plan to continue to serve as an accurate expression of your wishes, you should have it reviewed and updated at least every two years, or whenever a significant change takes place in your life or that of your family.

Additionally, if you have a DocuBank membership, we also want to remind you to update your healthcare information with the DocuBank Healthcare Directives Registry. DocuBank makes your healthcare directives immediately available to medical professionals and family members alike in the event of an emergency. In this way, it assumes an important role in preserving your legacy, by helping to ensure that your desires for care will be honored to the letter, and your estate protected against costly “last resort” medical services you may not desire.  If you do not have a DocuBank membership, please contact our firm to see how you can get enrolled.

So this St. Patrick’s Day, don’t just think about whether you should have corned beef or bacon with your cabbage. Think about your legacy and whether or not your estate plan reflects your wishes. If it does not, our firm can help you define your legacy by creating a customized estate plan just for you.

Talking to Loved Ones About What Really Matters

"The Holidays" can mean travel, excitement, gathering together with those you love, stress, conflict, and any or all of these things.

We wish you the happiest of holidays! We also urge you to take the time this holiday season to talk with those you love about what's truly important to you, and what's important for them to know. Make sure you tell them that you love them. Make sure you tell them about your estate plan, about where they can find your important legal and financial documents in an emergency, and who your important advisors are (e.g. estate planning attorney, financial advisor, accountant.) We understand that these conversations with family members can be difficult to start. But they are important. Talk to those you love about the legal, financial and healthcare decisions you have made, and take the time, while you still can, to explain your choices.

A DocuBank membership can help you get started. You can send a quick, pre-written e-mail to your child or other loved ones from the DocuBank website to let them know that you have healthcare directives and a DocuBank card. This is one way to initiate a conversation about your healthcare choices. When you see your loved ones over the holidays, you can continue the discussion by giving copies of your directives to those loved ones whom you have selected as your healthcare power(s) of attorney. To send this "get-started" e-mail, simply log in to your DocuBank membership at www.docubank.com and click on the "Family Notification" tab on the left side of the screen.

Talking about your healthcare directives can also be a good lead-in to talking about your other personal and financial choices with those you love. It's important -- for you and for them. Take this step to ensure that everyone knows what you want while you can still answer questions and provide feedback. And then eat a lot, have a wonderful time, and enjoy your holiday!

Avoiding the Scary Side of Healthcare

It’s 8:00 p.m., and the pain in your chest is still there. You finally admit to your loved one that maybe it’s time to got to the hospital. You can see their worry as they grab the car keys and hurry you out the door to the emergency room…

Let’s face it, going to the hospital can be a little frightening. But there are ways to prepare yourself and your loved ones. A little bit of preparation can make the experience better for everyone: you, your family, and the hospital staff.

1. Make sure that your healthcare power of attorney is up-to-date. This document names the person (or persons) you would like to make medical decisions for you if you can’t do so. Review this document periodically to make sure your choice(s) is still valid.

2. Review your Living Will. This document states your desires regarding treatments you would (or would not) want to receive in the hospital if you cannot make these decisions yourself. Your living will is an important resource for your healthcare power of attorney should he or she need to make decisions about your care.

3. Make your decision about organ donation and document it. If you would like to donate your organs at the time of your passing, make that decision now and put it in writing. One organ donor can save up to eight (8) lives, and the need far exceeds the supply.

4. Talk to your loved ones about your healthcare choices: who you’ve named as your healthcare power of attorney, what your medical wishes are, and whether you want to be an organ donor. The more they know in advance, the easier it will be for them if they ever have to step in.

5. Carry your DocuBank wallet card. Our firm provides this card because we know that immediate access to your emergency information and healthcare directives is important. Make sure that your card is next to your driver’s license in your wallet at all times.

6. Update the emergency information you store with DocuBank. This includes your allergies and medical conditions that display on your Emergency Card and can help with your emergency treatment. Also update your doctor’s and emergency contacts’ names and phone numbers.

At the hospital, the E.R. staff ask you many questions. One of them is whether you have a living will or other healthcare directive (they may call it an “advance directive”). You or your loved one presents your DocuBank card. Hospital staff can make immediate note of the allergies and medical conditions on your card. They then use the card to obtain your directives, adding them to your chart immediately. There is no fuss about where your living will is or who should go back home to get it. Your card takes the stress of you and your family when the focus should be on your health, not your healthcare directives. The doctor comes in and you start to relax a little…

In The News: Sun Lakes Splash: Is Your Estate Plan Working for You?

Here's my most recent article in the Sun Lakes Splash, entitled "Is Your Estate Plan Working for You?" If you'd like to check it out, you can find it here, and by going to page 38.

The Importance of Personalized Advanced Directives

"Legal documents that express our wishes are not enough to prepare us for our final days. We must talk honestly with our loved ones, our clergy and our doctors and nurses about the choices we would make if confronted with a chronic or terminal illness." -- Rosalynn Carter

Advanced Directives, also known as Medical Directives or Healthcare Directives, are an important piece of the estate planning puzzle. There are different types of Advanced Directives, including the following: Healthcare (Medical) Power of Attorney, Living Will, and Mental Healthcare Power of Attorney. Each of these Advanced Directives allow you to give instructions about your healthcare--what you want done or not done--if you can't speak for yourself. Each state has its own laws regarding Advanced Directives and the formalities that need to be followed for your wishes to become effective.

Many people may be tempted to just fill out a form without taking the time to thoroughly think about the decisions they are making and discussing those decisions with their families. Unfortunately, this can lead to family discourse, which could also lead to your wishes not being followed.

Any form you decide to use should be personalized to reflect your individual values, priorities and wishes. If you don't agree with the language in a standard form, change it. Make sure that any directive you sign truly reflects your specific wishes.

So, before you prepare your Advanced Directives, it is important to spend some time considering the following:

1. Who should speak for me?

2. What makes my life worth living?

3. What are my personal and spiritual beliefs?

4. What is the hope for recovery?

5. What are the pros and cons of treatment for different chances of recovery?

You may also wish to take the time to explore your choices about death and dying, such as:

1. How would I like to spend my last days?

2. What are my feeling regarding organ donation and autopsy?

3. Burial arrangements

4. Funeral or memorial services

Because each of us are individuals, every one of us would have different answers to these questions. A colleague recently shared a wonderful tool for helping clients prepare personalized directives, called "Your Life, Your Choices." You can find the workbook here.

While having any kind of Advanced Directive may be helpful, you will have much greater peace of mind if you express your wishes to your family and friends in advance. While talking to your family and friends about your healthcare wishes will probably be uncomfortable, your clear guidance will be a meaningful gift if they are ever forced to make life and death decisions for you in the future. For ideas about how to start the conversation, click here.

Additionally,

To learn more about Advanced Directives in Arizona and Missouri, follow the links below.

Arizona Advanced Directives

Missouri Advanced Directives