Newsletter Archive

Avoid Uncertainties and Conflict Concering Life Sustaining or Death Delaying Decisions.

The tragic circumstances surrounding Terri Schiavo seem to be resulting in at least one positive development. More people are talking about what they would want or would not want if they ever were in a similar situation. People realize that they do not want this type of uncertainty and emotional agony to occur to them or their families.

Talking to your family about your desires and having a Durable Power of Attorney for Health Care or a Living Will are the best ways to avoid the Schiavo situation. Think of the emotional anguish and expense that might have been avoided if Ms. Schiavo had signed a durable power of attorney for health care or a living will.

A Durable Power of Attorney for Health Care allows you to name a person to be your agent who will have broad powers to make health care decisions for you when you are unable to communicate those decisions. Your agent is able to require, consent to, or withdraw any type of personal care or medical treatment. The document also allows you to state what your desires are concerning life sustaining or death delaying treatment.

A Living Will is a document that instructs health care providers to withhold or withdraw life-sustaining procedures in the event of a terminal condition, a coma, or a persistent vegetative state.

By enacting the law establishing Living Wills and later the law establishing Durable Powers of Attorney for Health Care, the Georgia legislature attempted to help people avoid the kind of situation that the Schiavo family is going though. The legislature found that modern medical technology has made possible the artificial prolongation of human life; and that prolongation of life for persons with a terminal condition, a coma, or a persistent vegetative state may cause loss of patient dignity and unnecessary pain and suffering, while providing nothing medically necessary or beneficial to the patient. The legislature stated that a person has the right to control all aspects of his or her personal care and medical treatment, including the right to decline medical treatment or to direct that it be withdrawn. They recognized that if the person becomes disabled, incapacitated, or incompetent, his or her right to control treatment may be denied unless the person can delegate the decision-making power to a trusted agent and be sure that the agent's power to make personal and health care decisions for the principal will be effective to the same extent as though made by the principal.

See the frequently asked questions page for more information on Durable Powers of Attorney for Health Care and Living Wills.

As we get ready to go into Spring, it is particularly appropriate to look at what causes stress in our lives ... and what we can do about it. Here are several tips that experts say will work:

1. Learn to let go. Limit your concerns to things over which you have some control. The Serenity Prayer states this motto well: Grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference.

2. Enjoy your food and eat those foods which put less stress on the system; relax at mealtime without rushing the digestive process.

3. Be positive! Smile! Even a forced smile has a chemical reaction in the body which will make life easier.

4. Get your sleep. Put your worries aside or they will haunt you in the evening. Frequently, creative solutions will arise in your subconscious when you least expect it if you're relaxed and open to new suggestions.

6. Daydream. This kind of reverie allows free thinking and often sparks creative strategies for situations that cause stress.

7. Listen to your doctor. Get regular check-ups and pay attention to your body signals; failure to do so will only cause your body to get your attention with a more serious bell, such as a heart attack.

Suggestions made by Gloria Albert, Director of WellnessWorks, from AmicusAttorney.com.

The DeKalb Volunteer Lawyers Foundation presented Alan Harvey with the Pro Bono Publico Award for 2004, "in recognition of exemplary service and for ensuring the ideal of equal justice for all."

Individual K or Solo K 401K plans can be established by owner-only or self-employed persons. The plans can work well for sole-proprietorships, freelance writers, photographers, consultants, or other self-employed persons who work alone.

The individual 401K plan allows a person to make higher deductible contributions than other retirement plans available for small businesses. In a one-person 401K plan you can raise the total individual contribution to the lesser of $40,000 or 100% of income. Previously, it was the lesser of $30,000 or 25% of income.

For a person making $160,000, 25% of income is $40,000, the maximum contribution. For a person making less than $160,000 you can contribute 25% of income as the employer, plus up to $11,000 (the maximum employee contribution) to get up to the $40,000 maximum contribution. People over 50 can qualify for even higher contributions as a way to catch up on retirement savings. Source: Quicken Small Business Newsletter - www.quicken.com.

The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, (CAN-SPAM) became effective on January 1, 2004. (How much time was spent coming up with the name of the act, in order to get the acronym CAN-SPAM?) The act defines "commercial electronic mail message" as any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service. The law requires that unsolicited commercial e-mail message have a clear and conspicuous identification that the message is an advertisement or solicitation, clear and conspicuous opt-out instructions and the sender's physical address. It prohibits the use of deceptive subject lines and false headers in such messages.

Phishing is the illegal attempt to mislead consumers into providing personal or financial information, including account numbers, passwords and Social Security numbers, via email or through fraudulent Web sites.

The most frequent phishing attacks occur through email disguised to appear as though it came from a reputable financial institution or company.

Most phishing attempts urge you to update or validate your account information, typically through a link in an email directing you to a fake Web site that appears to be legitimate.

There are many phishing attacks active on the Internet. Here are a few of their lines and lures:

The absence of either of these items will indicate that the site is not secure. If you are unsure of the validity of the email, contact the institution directly—not via any links in the email.

Keep your browser software up-to-date with security updates. To adequately protect your computer, make sure you have current anti-virus and firewall software installed to help protect your personal information.

Review your account statement carefully. Verify that all transactions are authorized and report any discrepancies immediately.

Georgia law has changed so that there is no longer a guardian of the person and a guardian of the property for minors and incompetent adults. The designations are now guardian and conservator.

A Probate Court judge can appoint someone as guardian of a minor or an incompetent adult. A guardian bascially looks out for the health and well being of the child or incompetent adult. There are five categories of guardians for minors, depending on the needs of the child. A guardian can only be appointed for an adult if the Probate Court judge finds that the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her healt or safety and the appointment is in the best interest of the adult.

A conservator can be appointed to take care of the financial interests of a minor or incompetent adult. The court can appoint a conservator for an adult only if the court finds that an adult lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property.

Effective February 2006 changes were made to Medicaid law that limit peoples ability to give away assest in order to become eligible for Medicaid benefits.

The permissible resource limits to qualify for Medicaid in 2006 are $2,000 for a single individual; $3,000.00 for a married couple, both who need aid; and $99,540 for a married couple where only one spouse needs aid.

The Medicaid laws are complicated and an attorney knowledgeable in Medicaid law should be consulted for any transfers of property are made by any one who may be in need of Medicaid assistance in the next several years.