The Maryland MOLST form refers to the “Maryland Medical Orders for Life-Sustaining Treatment” form. MOLST is a medical order form that is designed to ensure patients with serious illnesses or advanced medical conditions receive the specific life-sustaining treatments they desire. The form is used in Maryland and some other states in the United States.The MOLST form is typically completed by a healthcare professional in consultation with the patient or their authorized healthcare decision-maker. It is intended to reflect the patient’s preferences regarding various medical interventions, such as CPR (Cardiopulmonary Resuscitation), intubation, and other life-sustaining treatments. The completed MOLST form becomes…
A HIPAA (Health Insurance Portability and Accountability Act) release, also known as a HIPAA authorization or HIPAA consent form, is a legal document that allows a covered entity, such as a healthcare provider or health insurance company, to share an individual’s protected health information (PHI) with another person or organization. Under the HIPAA Privacy Rule, healthcare providers, health plans, and healthcare clearinghouses are required to protect the privacy and security of an individual’s PHI, which includes their medical records, treatment information, and other health-related data. PHI can only be disclosed to others under specific circumstances, such as for treatment, payment,…
A living will, also known as an advance healthcare directive or medical directive, is a legal document that allows an individual to express their medical wishes and preferences regarding end-of-life care and medical treatments. It is designed to guide healthcare providers and family members in making critical decisions about medical interventions when the individual is unable to communicate their preferences due to illness or incapacity. In a living will, a person can outline their preferences for life-sustaining treatments, such as artificial respiration (ventilator), tube feeding, cardiopulmonary resuscitation (CPR), and other medical interventions. The living will may also cover decisions about…
What is a Guardian? Guardians are appointed by the courts for people who are no longer able to act in their own best interests. A person who has a Guardian appointed by the courts may not be able to lawfully execute a Power of Attorney. If you find out that a Guardian had been appointed prior to the date the principal signed the Power of Attorney, you should advise your lawyer. The law requires that whoever starts the Guardianship proceeding give the attorney-in-fact notice. If a Guardian is appointed after the Power of Attorney was given to you, the…
What is a Power of Attorney for Health Care? A Durable Power of Attorney for Health Care (sometimes called an “Advance Directive”) is a document whereby a person designates another to be able to make health care decisions if he or she is unable to make those decisions for him- or herself. A Power of Attorney can be drafted to give these same powers so there is not much difference. However, a Durable Power of Attorney for Health Care is totally dedicated to health care whereas the Power of Attorney can be much more comprehensive. Because the statutes…
What is the difference between an attorney-in-fact and an executor? An Executor, sometimes referred to as a “personal representative,” is the person who takes care of another’s estate after that person dies. An attorney-in-fact can only take care of a person’s affairs while they are alive; therefore, the Power of Attorney ends when the principal dies. An executor is named in a person’s will and can only be appointed after a court proceeding called “probate.” What is the difference between a Living Trust and a Power of Attorney? A Power of Attorney empowers an attorney-in-fact to do…
What is “fiduciary responsibility”? As an attorney-in-fact, you are fiduciary to your principal. A “fiduciary” is a person who has the responsibility for managing the affairs of another, even if only a part of that person’s affairs are being managed. A fiduciary has the responsibility to deal fairly with the principal and to be prudent in managing the principal’s affairs. You, as an attorney-in-fact, are liable to third parties only if you act imprudently or do not use reasonable care in performing your duties. If ever you are acting as an attorney-in-fact and are unsure as to whether…
When is a Power of Attorney effective? The Power of Attorney is effective as soon as the principal signs it, unless the principal states that it is only to be effective upon the happening of some future event. These are called “springing” powers, because they spring into action upon a certain occurrence. The most common occurrence states that the Power of Attorney will become effective only if and when the principal becomes disabled, incapacitated, or incompetent. Okay. I’m ready to do something as an attorney-in-fact. What do I do? After being certain that the Power of Attorney…
What can I do as an attorney-in-fact? Powers of Attorney can be used for most everything but an attorney-in-fact can only do those acts that the Powers of Attorney specifies. Powers of Attorney should be written clearly so that the attorney-in-fact and third parties know what the attorney-in-fact can and cannot do. If you, as attorney-in-fact, are unsure whether or not you are authorized to do a particular act, you should consult the attorney who prepared the document. What can’t I do as an attorney-in-fact? There are a few things that an attorney-in-fact is forbidden to do…
A Durable Power of Attorney may be the most important of all legal documents. This legal document gives another person the right to do certain things for the maker of the Power of Attorney. What those things are depends upon what the Power of Attorney says. A person giving a Power of Attorney can make it very broad or can limit the Power of Attorney to certain acts. What can a Power of Attorney be used for? A Power of Attorney can be used to give another person the right to sell a car, home, or other property…
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