Hello. My brother was injured in a fall at a store in Massachusetts and the thing ended up in a local small n....
The issue is controlled,or is supposed to be controlled, by the Massac....
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5/22/2012 07:24
by JeromeW |
Hi,
Can you explain the laws around renting your apartment to people with children or looking to have childre....
There are many posts on this forum dealing with MA lead paint law, inc....
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5/21/2012 08:05
by dare2dream |
I am sole guardian for my special needs child. They have visitation with their father. He is not communicating....
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5/21/2012 07:48
by melelllan |
We have been awarded a $200,000 judgement in a probate matter that has gone on for years. The execeutor of my ....
I understand your desire to get a second opinion on this matter. ....
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5/20/2012 16:20
by massconfusion27 |
I received a Summons in the Mail to appear in Court in June for a B & E misdemeanor. I went to the Police Depa....
The answers to your questions are as follows: (1) The police departmen....
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5/19/2012 22:26
by completelyconfused |
The Massachusetts Public Health Council just approved new regulations (105 CMR 309) intended to give healthcar....
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5/18/2012 10:42
by The Editor |
I'm supposed to go to my SSDI hearing next week before an administrative law judge and I'm getting very nervou....
You didn't say if you have an attorney or not. If you do not, yo....
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5/17/2012 06:49
by TinaW |
I'm thinking about filing bankruptcy but my situation is so bad that I'm worried about not be able to recover ....
I've just consulted my crystal ball and the answer is . . . . &nb....
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5/16/2012 07:31
by Tarrant |
My brother is the power of attorney for my elderly mother. She is demented and often confused about her finan....
Yes, nothing to worry about. The terms Power of Attorney and Att....
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5/14/2012 06:51
by AABates |
Hello. In Massachusetts let’s say I’m paying say $8,000 a year in Child Support to 23. Under the agreemen....
If your Agreement says you should pay child support until the child is....
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5/4/2012 22:18
by divorced_with_children |
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
The question probably boils down to whether or not such practice is wi....
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10/2/2011 18:37
by Anonymous |
Editor's Response
I think you'll make a great health care agent, and I would not worry about it too much. If, when the time comes, you run into problems, here is some information for you:
1. The Agent has the right to review the Principal’s records and be informed about the Principal’s condition, and the authority to make any health care decision that the Principal could make if competent, including decisions about life sustaining treatment. (Mass. Gen. L. ch. 201D § 5.) And, the federal Health Insurance Portability and Accountability Act (HIPAA) does not limit the Agent’s rights or powers. Doctors are permitted and obligated to share medical information with an incapacitated patient’s “personal representative,” a generic term that includes the patient’s Health Care Agent. In fact, many health care proxy forms even contain some language to clarify this issue, such as: "My Agent should be considered my 'personal representative' as that term is used in HIPAA."
2. Unless the Proxy or a court says otherwise, the Agent’s decision should be treated as though it were made by the Principal and takes precedence over the position of other family members or persons acting pursuant to a durable power of attorney. (Mass. Gen. L. ch. 201D § 5.)
3. Neither the doctor, nor the facility, will be subject to criminal or civil liability, or deemed guilty of engaging in unprofessional conduct, as a result of carrying out in good faith the decision of the Agent. (Mass. Gen. L. ch. 201D § 8.)
Good luck, and please tell your friends about The Forum.