Legal Issues Health Care
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Kansas Legal Services is a statewide legal services organization that helps the impoverished with legal issues. It provides quality legal representation in many areas, including domestic and family law, landlord/tenant issues, consumer protection, elder law, juvenile law, education law, and disability law. The organization focuses on serving vulnerable groups like the abused, neglected, elderly, disabled, and children.
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The document discusses legal and ethical issues surrounding end-of-life care, including advance directives. Advance directives allow patients to specify their wishes for future medical treatment and include living wills, Do Not Resuscitate orders, and directives regarding withholding or withdrawing life-sustaining treatments. Living wills were the first advance directive and allowed patients to opt out of extraordinary life-prolonging measures if unable to communicate. Most states have replaced living wills with laws governing directives to physicians, durable powers of attorney for healthcare, and medical powers of attorney. The nurse's role is to be aware of patients' legal directives and wishes, and provide holistic end-of-life care that respects patient and family needs.Do Not Resuscitate Orders : What They Mean ?
Do Not Resuscitate Orders : What They Mean ?SMSRAZA
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A Do Not Resuscitate (DNR) order is a medical directive written by a physician, based on discussions with patients or their surrogates, to forgo cardiopulmonary resuscitation in certain circumstances such as when resuscitation would be futile or burdensome. The document outlines the principles of patient autonomy, the importance of advance directives, and the ethically complex scenarios that can arise in decision-making about DNR orders. It emphasizes the need for clear communication and documentation, as well as the potential legal implications of these decisions.Comfort Care Planning for People of Color
Comfort Care Planning for People of Colorbkling
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The document discusses advance care planning and end-of-life care for people of color. It explains what advance care planning and advance directives are, including types of advance directives like medical power of attorney, living wills, do not resuscitate orders, and medical orders for scope of treatment. The document also distinguishes palliative care from hospice care and provides important links and tools for advance care planning.Ad
More from Disability Rights Center of Kansas (7)
2017 Annual Report of Kansas Legal Services
2017 Annual Report of Kansas Legal ServicesDisability Rights Center of Kansas
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In 2017, Kansas Legal Services (KLS) celebrated its 40th anniversary, reflecting on its commitment to providing legal services to low-income Kansans and improving access to justice for self-represented litigants. The report highlights KLS's initiatives to support victims of domestic violence, assist elderly individuals, and help families succeed, including the establishment of courthouse-based self-help centers across Kansas. Additionally, the organization recruited private attorneys for pro bono work, enhancing its resources to serve the growing demand for legal assistance in family law and public benefits.Avoiding Probate in Kansas
Avoiding Probate in KansasDisability Rights Center of Kansas
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This document provides an overview and introduction to basic estate planning topics like powers of attorney, wills, avoiding probate, Medicaid eligibility, and transfer on death deeds. It is compiled by an attorney and intended to help readers implement simple estate planning steps. Key points covered include executing a durable power of attorney to allow someone to make financial and medical decisions if incapacitated, using transfer on death deeds or beneficiary designations to avoid probate for certain assets, and ensuring important documents like wills are preserved and easy for executors to access.Protecting Your Retirement Income in Kansas
Protecting Your Retirement Income in KansasDisability Rights Center of Kansas
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Kansas Legal Services (KLS) provides legal assistance to low-income individuals, focusing on vulnerable populations including the elderly, abused, and disabled. They offer support in various legal areas and have a hotline for free legal advice, particularly for elder law issues. Additionally, the document discusses the financial struggles of the elderly, especially related to credit debt, and outlines protections under the Fair Debt Collection Practices Act.Bad Debts
Bad DebtsDisability Rights Center of Kansas
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The document provides information to protect income and assets for elderly Americans. It discusses laws protecting social security income from creditors through notifying them in writing that social security is the only source of income. It also summarizes Kansas laws exempting certain assets like a residence, vehicles, retirement funds and life insurance from creditors. The document aims to help seniors avoid financial exploitation and bankruptcy by understanding their rights regarding debt collection and creditor lawsuits.Reporting Elder Abuse; Mandatory Reporting Laws in Kansas
Reporting Elder Abuse; Mandatory Reporting Laws in KansasDisability Rights Center of Kansas
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This document discusses mandatory reporting of elder abuse in Kansas, particularly for those with dementia or Alzheimer's. It notes that licensed professionals are required to report suspected abuse and outlines who are considered mandatory reporters under Kansas law. The document reviews definitions of key terms, circumstances that require a report to be made, protections for reporters, and contact information for reporting abuse.Who Is The Client? Ethical Duties of GAL (guardian ad litem) in Kansas
Who Is The Client? Ethical Duties of GAL (guardian ad litem) in KansasDisability Rights Center of Kansas
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This document discusses the ethical duties of attorneys serving as Guardians ad Litem (GALs) or attorneys for children. It outlines the debate around whether the GAL represents the child's best interests or acts as the child's attorney. The document also summarizes Kansas law changes that clarify the GAL represents the best interests of the child while a separate attorney may be appointed to represent the child. The ethical duties of GALs and child attorneys are the same as any other attorney, such as providing competent representation and maintaining client confidentiality.Grandparents Rights
Grandparents RightsDisability Rights Center of Kansas
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The document discusses grandparents' rights regarding visitation with grandchildren. It addresses two common situations: 1) A grandparent who wants to see their grandchildren but is denied visitation by the parent. In this case, the grandparent must sue for visitation rights, establishing a substantial pre-existing relationship with the child. 2) A grandparent who has assumed defacto custody of their grandchild. In this situation, the grandparent must take legal steps to formalize their custody rights in order to make routine parental decisions.Who Is The Client? Ethical Duties of GAL (guardian ad litem) in Kansas
Who Is The Client? Ethical Duties of GAL (guardian ad litem) in KansasDisability Rights Center of Kansas
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Legal Issues Health Care
- 1. Kansas Legal ServicesKansas Legal Services is a statewide legal services organization that seeks to help the impoverished with legal problems. KLS makes a difference by providing quality legal representation. Areas of practice include Domestic & Family Law, Landlord Tenant, Consumer Protection, Elder Law, Juvenile Law, Education Law, Disability, etc. Our focus is on the most vulnerable; the abused, the neglected, the elderly, the disabled & children.If you, or someone you know needs help, please call800-723-6953United Way Helps Here!
- 2. Elder Law HotlineThe Elder Law Hotline is a phone number that anyone over the age of sixty (60) can call to get FREE legal advice on any number legal issues. If it is possible for us to help you over the phone we will do so, however, if you prefer to meet with an attorney in your area you can, just make the request. We also provide free legal services for the elderly for items such as powers of attorney, transfer on death deeds, simple wills, & living wills. We can sometime represent the elderly in divorces, PFAs, collection and landlord tenant cases.888-353-5337
- 3. Understanding Your Healhtcare OptionsThe Power of Attorney for Health Care DecisionsThe Living Will DeclarationDo Not Resuscitate Directives/Orders
- 4. Power of Attorney for Healthcare DecisionsA Power of Attorney for Health Care Decisions is sometimes called the Healthcare Power of Attorney. It is a signed and witnessed (or notarized) legal document that allows a person to designate an agent to make health care decisions for them during a period of disability or incapacity. The person who holds the power of attorney is called the healthcare agent. Sometimes it is made to be durable.
- 5. DefinitionsHealth Care Agent The individual someone designates to make healthcare decisions when the individual cannot make or communicate those decisions.Health Care Decisions We can define this as a group, but in the context of the types of decisions that can be made by the Health Care Agent.Durable Next slide.
- 6. DurableCapable of withstanding wear and tear or decay, a durable fabric.Able to perform or compete over a long period, as by avoiding or overcoming injuries. Lasting; stable.In the context of healthcare durable means that the person you designate as your healthcare agent can still be your agent after you are out of it.
- 7. Compare & ContrastWhat is the difference between these two patients? What decisions can the patient on the right make that the one of the left cannot make? What simple decisions can the patient on the left be faced with? (be practical).
- 8. Important Facts about the POA for HealthcareThe decisions made by the healthcare agent have the same force and effect as if they were made by the patient. The agent may not use the Power of Attorney to revoke or invalidate a previously existing Living Will Declaration. It is the duty of the attending physician to determine in accordance with the law, when the patient no longer has the capacity to make decisions for themselves (unless the Power of Attorney for Health Care Decisions states otherwise). If the patient decides to revoke or change a Healthcare Power of Attorney the patient should do it in writing, and have the revocation witnessed or notarized.
- 9. A Living WillA Living Will declaration is a signed and notarized (or witnessed) document that allows a terminally ill patient to state in advance that their dying should not be artificially prolonged. K.S.A. 65-28,101 et seq. This decision may be made only by the patient. A living will cannot be made by a healthcare agent.
- 10. Avoiding SchiavoPlease remember that The Living Will is a declaration. It only describes your wishes. It does not serve the same purpose as a Do-Not-Resuscitate Order. In an emergency, resuscitation will be provided, regardless of a Living Will, unless a DNR Order has also been written and shared. It is the declarants responsibility to notify the attending physician of the existence of the declaration. The physician should make a copy of the declaration part of the patients medical records.
- 11. Living Will vs POAThe purpose of the living will is to notify your doctor that in the event your health is in such a condition where death will occur whether or not life sustaining procedures are utilized, and where application of life sustaining procedures will only serve to artificially prolong the dying process.Sometimes called Pulling the plug.
- 12. Do Not ResuscitateDirective/OrderIn a nutshell, a DNR Directive is a signed, dated and witnessed document that allows an adult to state in advance his/her decision that if his/her heart stops beating, or he/she stops breathing, that no medical procedure will be undertaken to restart the heart or breathing processes. The person executing a DNR directive must be a person who is an adult and competent when the document is signed. The document must also be signed by the attending physician as "medically appropriate" unless the person's church or religion recognizes treatment by spiritual means only. A DNR Directive is not effective unless it is signed by a physician.Patients give DIRECTIVES, Doctors give ORDERS!
- 13. Healthy People Should not have a DNR!Should either of these parents have a DNR?
- 14. Is This Tattoo Any Good?Does
- 17. If a Do Not Resuscitate (DNR) is written, nothing will be done!NO chest compressionsNO intubationNO defibrillationNO emergency drugs will be administeredNO manual ventilation with a resuscitation bag will be performedIn other words if you have a DNR Order, nothing will be done!
- 18. Kansas Legal ServicesKansas Legal Services is a statewide legal services organization that seeks to help the impoverished with legal problems. KLS makes a difference by providing quality legal representation. Areas of practice include Domestic & Family Law, Landlord Tenant, Consumer Protection, Elder Law, Juvenile Law, Education Law, Disability, etc. Our focus is on the most vunerable; the abused, the neglected, the elderly, the disabled & children.If you, or someone you know needs help, please call800-723-6953United Way Helps Here!