Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Advance Directives for Health Care
With the Advent of the Federal Patient Self-Determination Act of 1990, all states receiving funding for medical assistance are required to provide patients with an option to have an Advanced Directive for Health Care. 42 U.S.C. '1395 cc (a). Following the passage of this Act, states have recognized that competent individuals have the right to convey their health care preferences in the event that they develop a terminal illness or life-threatening condition. The document has been commonly referred to as a living will or an advance directive for health care.
Many states also recognize the concept of a health-care guardian, or medical power of attorney, which allows an individual to appoint a person to make medical decisions on their behalf in the event that they are unable to do so. The requirements for executing a living will, executing an advanced directive for health care decisions, appointing a guardian or creating a medical power of attorney vary from state to state, but the purpose of these documents and information contained therein has been fairly consistent.
These documents, which shall be referred to as advance directives, contain personal decisions that let family and friends know a person's specific health-care preferences, including directing the withholding or withdrawal of life-sustaining procedures when that individual is in a terminal condition, coma, or persistent vegetative state. For consistency and to encourage widespread use, many states have begun to combine the concepts of a living will and a health care power of attorney, replacing them with the creation of one form called an advance directive that will contain all of the concepts in one document. See, e.g., N.J.S.A. 26:2H-54; 30 Cal. law Revision Comm. Rep (2000); 2007 Georgia Laws Act 48 (H.B. 24) O.C.G.A. '31-32-1
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.