Tag: health-care
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At what age is it advisable to have a Will, Trust, Durable Power of Attorney, Health Care Surrogate Designation, or Living Will in place, in order to prevent the need for Guardianship?
It is highly recommended that individuals aged 18 and above have these documents prepared to avoid the necessity of Guardianship.
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What is the definition of Probate?
Probate refers to the court and process responsible for overseeing individuals who are unable to make their own personal, health care, and financial decisions. These individuals can be classified into three main groups: minor children (under the legal age of 18 in most states), incapacitated adults, and individuals who have passed away without making legal…
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Where are medical malpractice incidents primarily found?
Roughly two-thirds of medical malpractice claims arise during hospitalization. However, a report by the Agency for Health Care Administration in Florida stated that only one out of six patients who experiences a potentially adverse event at a hospital files a medical malpractice claim.
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What are the elements of a standard estate plan?
Last Will and Testament, Amendable Trust, Generalized Power of Attorney, and Health Care Advance Directives (Living Will).
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What is a “Parenting Plan Recommendation”?
In cases regarding the custody of minor children, such as divorce or paternity actions, the court requires that the parents enter into a parenting plan, which outlines how much time each parent will spend with the children and which parent will be responsible for making decisions regarding the children. Should the parents be unable to…
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What happens when my doctor refuses to honor my Advanced Health Care Directive?
Ideally, this issue is addressed when you provide your doctor with a copy of your Advanced Health Care Directive. At that time, if your healthcare provider has any reservations about continuing to provide your medical care, you will be made aware of the issue. If this conversation hasn’t occurred before you have been diagnosed with…
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What is the Legal Basis for Medicare Set-Asides?
A Medicare set-aside (hereinafter MSA) is a tool that allows injury victims to preserve Medicare benefits by setting aside a portion of the settlement money in a segregated account to pay for future Medicare covered services.? The funds in the set aside can only be used for Medicare covered expenses for injury related care.? Once…
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What is a durable power of attorney and when is it necessary?
What is a Durable Power of Attorney for Health Care? A durable power of attorney is a written legal document by which an individual, the principal, appoints another person, an attorney-in-fact, to carry out specific actions on behalf of the principal. Generally, a power of attorney grants the attorney-in-fact extensive authority to manage the principal’s…
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What instructions can be included in a Living Will?
What Is a Living Will in the state of Florida? A living will of a resident in Florida states whether or not their life should be artificially prolonged if they are incapacitated and have a terminal condition or end-stage condition or are in a persistent vegetative state and their physicians determine there is no reasonable…
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What is the role of a Health Care Surrogate or Proxy in the state of Florida?
How can I choose a representative for my health care decisions? Why is having a health care surrogate important? In Florida, individuals have the option to designate a representative, known as a health care surrogate, who can make important medical decisions on their behalf if they become incapacitated or are unable to communicate their preferences.…
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How can I determine if appointing a guardianship is the right decision?
How do guardianships operate? An individual might need a guardian if they are incapable of handling their own finances and personal matters because of a physical or mental disability. However, guardianship is considered a final option. It is often used when someone is unable to create any legal documents like a Power of Attorney, Health…
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Florida Lawmakers Propose Ban on Doctor Contracts that Limit Job Options
– Florida Legislature is considering two bills that may significantly reduce or eliminate the enforceability of noncompete agreements against physicians in the state. – Currently, noncompete agreements are enforceable in Florida under certain conditions, but the proposed bills could change this. – If the bills are enacted, all physician noncompete agreements, existing and future, may…
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“Getting Clients from Your Previous Job Could Get You in Trouble.”
1. The court ruled that an employee can be taken to trial for violating non-disclosure and loyalty provisions, even without a non-compete or non-solicit agreement. 2. It is unlawful for an employee to take actions that harm their employer for the benefit of a competing business, even while still employed. 3. In the healthcare industry,…
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Florida’s Chief Financial Officer Mandates Workers’ Compensation for State Employees
1. Florida’s Chief Financial Officer, Jimmy Patronis, has issued Directive 2020-05 requiring workers’ compensation coverage for “frontline state employees” who contract COVID-19. 2. The Risk Management Department will now have to provide workers’ compensation coverage to frontline state employees who contract the virus. 3. Frontline state employees include law enforcement officers, firefighters, EMTs, corrections officers,…
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“Understanding the Importance of a Living Will”
A Living Will is important for addressing end-of-life conditions such as persistent vegetative state, end-stage conditions, and terminal illnesses. It helps clarify your intentions and wishes for medical care providers, family members, or friends if any of these conditions occur. Having a valid Living Will can relieve family members of the guilt of making end-of-life…
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Protecting Your Business Relationships in Florida
– Non-compete agreements in Florida are governed by Section 542.335 of the Florida Statutes. – Referral sources and patient and customer lists can be legitimate business interests warranting protection under Florida law. – The statute defines “legitimate business interest” to include trade secrets, confidential business information, relationships with customers, patient or client goodwill, and specialized…
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“Florida’s Top 2018 Law Changes: What You Need to Know”
1. The Florida Legislature passed amendments to the corporate income tax, allowing for partial adoption of the Federal Internal Revenue Code and maintaining a corporate income tax rate of 5.5 percent (House Bill 7093). 2. For commercial leases in Florida, the sales tax for commercial rental payments is reduced from 6 percent to 5.7 percent…
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“Talking to Your Parents About Making Plans for Their Money and Belongings”
– Conversations about death and dying are tough for many people, including adult children and their parents. – Despite the difficulty, it is important to have these conversations to plan for the orderly and safe disposition of money and property, and to ensure continued care for loved ones. – Having these difficult conversations can also…