Do You Need to Amend Your Advance Medical Directive Due to the Coronavirus?

One of my clients recently asked an important question about advance medical directives and whether amending this important legal and medical document is warranted in response to the Coronavirus pandemic. For context, my client has an advance medical directive stating that they do not want to be put on a ventilator. However, my client expressed a desire to be placed on a ventilator if they are infected with COVID-19. This prompted my client to ask – is it necessary to amend my advance medical directive in light of different treatment wishes for the Coronavirus? Answer: it is not necessary to amend an advance medical directive (i.e. living will) in this circumstance. Why Amending an Advance Medical Directive Likely Is Not Needed In many instances, when someone has an advance medical directive in their estate plan, it typically states their wish not to be put on a ventilator, but ONLY IF a doctors say...

02 February

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Important Info You Need to Know About How Divorce Can Impact Your Estate Plan

Posted by Bobby Feisee

in Bobby's Blog

Most people never expect to get divorced. They love their spouse and anticipate spending the rest of their lives in marital bliss. Unfortunately, the data indicates this is not the norm. In fact, in the United States, nearly half of all married couples wind up getting divorced, according to the American Psychological Association. This is why it is important to be prepared and have as much information at your disposal. Below is a general overview of how a divorce can impact your estate plan. How Divorce Can Impact Your Will When you get divorced, any items or funds that are directed to your ex-spouse will be automatically revoked, according to Virginia Code § 64.2-412(A). This statutory provision means your ex-spouse will lose the following rights, responsibilities, and benefits described in your Will: · General or special power of appointment; · Executor status · Guardian status · Any assets designated to go to the ex-spouse Despite the automatic revocation,...

11 December

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Skin in the Game – Should Doctors Comply with a “Do Not Resuscitate” Tattoo?

Posted by Bobby Feisee

in Bobby's Blog

Many patients find it difficult to communicate their end-of-life wishes to family members and doctors at critical points of time, especially if you are confronted with a sudden or unexpected ailment. There are legal documents designed to help address this important issue. For example, your estate planning attorney can draft an advance directive that tells your doctor and loved ones what kind of medical care you desire if you are incapacitated or deemed unable to make such decisions. You can also draft a do-not-resuscitate (DNR) order to be included with your advance directive. A DNR is a request not to have CPR administered if your heart stops or if you stop breathing. Your doctor should place the DNR order in your medical chart and doctors and hospitals in most states accept DNR orders. But what if you tattoo “Do Not Resuscitate” on your body? Are doctors obligated to treat this marking...

13 June

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Your Rights When a Hospital Agent Insists that You Use their Advance Medical Directive

Posted by Bobby Feisee

in Bobby's Blog

My estate planning team gets asked this question quite often – what can be done if a hospital agent or administrator says that you have to use their Advance Medical Directive. Here’s the answer: Politely tell them that you have a legal right under state and federal law to create your own Medical Directive. As long as the directive complies with state law, it should be honored. State laws can include formalities like having notary, two witnesses, being of sound mind when completed, etc. Some states even include laws which say if a healthcare facility refuses to follow your directive, they must transfer you to a facility that does. If a facility does refuse a Directive in compliance with state law, you should contact an attorney. Why is it important for you to use your own Advance Medical Directive? Because it empowers someone of your choice, like a trusted friend or family member,...