The legislation proposed by the Pennsylvania Bar Association for electronic wills has now been introduced in the Pennsylvania legislature as SB 1138. Future legislative actions on this bill will be reported on the “Pennsylvania Legislation Pending” directory, which lists and … Continue reading
Tag Archives: Health care power of attorney
As previously reported, the Pennsylvania Bar Association, acting on a joint report and recommendation of the Real Property Probate and Trust Law and Elder Law Sections, is now supporting the introduction and passage of legislation authorizing electronic wills and other … Continue reading
On May 9, the House of Delegates of the Pa. Bar Association approved a joint recommendation of the Real Property, Probate and Trust Law and Elder Law Sections to support legislation that would allow both electronic wills and electronic forms … Continue reading
The incapacitated person’s son, who was nominated to be her guardian in her durable power of attorney, but the son had neglected and abused his mother, had failed to cooperate in making arrangements for her care, was more interested in … Continue reading
The niece of the decedent who acted as the decedent’s health care agent and was the sole emergency contact listed for the decedent in the hospital’s medical records, and who also prepared the will for the decedent to sign which … Continue reading
Below is hte author’s form of combined health care power of attorney and living will. There is a separate article with commentary on the form. A copy of the form as an MS Word file is also available here. …...
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This article will explain some of the drafting decision reflected in the author’s sample form of combined health care power of attorney and living will (“the form”). Like other articles, the comments below are the opinions of the author, are offered...
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Pennsylvania has enacted a new “Caregiver Advise, Record and Enable Act” (CARE Act), H.B. 1329, Act of April 20, 2016, No. 20, effective in 12 months. This new law attempts to help family members and other “lay caregivers” of people...
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A recent article in the NY Times shows how the patient privacy regulations under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) are often misunderstood. See “Hipaa’s Use as Code of Silence Often Misinterprets the Law.” … Continue reading
Petition for emergency guardian denied when alleged incapacitated person had executed durable power of attorney, even though the two agents were unable to agree on a medical decision, because one agent had been making medical decisions and was willing to … Continue reading