Blog

Powers of Attorney: An Important Estate Planning Tool

Posted on March 28th, 2012 by Teri Havron

Powers of attorney (“POAs”), perhaps the most valuable documents in your estate plan, are commonly overlooked or misunderstood.

POAs allow you, the “Principal”, to give someone, your “Attorney-in-Fact”, the legal ability to act on your behalf when you are unavailable (i.e., traveling) or unable to do so (i.e., ill or incapacitated). Your Attorney-in-Fact should be someone you trust to handle your affairs and respect your wishes.

POAs are often confused with wills but are different in that they only apply during your lifetime; whereas, a will applies when you die. Thus, POAs are like the lifetime counterpart to a will.

There are two kinds of POAs: (1) property and (2) healthcare. A property POA gives your Attorney-in-Fact the right to perform necessary tasks to manage your property, real and personal. A healthcare POA authorizes your Attorney-in-Fact to make decisions regarding hospitalization and long-term care when you are incapacitated.

One interesting aspect of the healthcare POA is that you can mandate a particular plan of care. For instance, you can authorize your Attorney-in-Fact to withhold all life-sustaining procedures, including nutrition and hydration, allowing you to die naturally, without delay. This can ensure your wishes will be respected and can give your family some peace of mind that they will not be left with the burden of making these difficult decisions.

In the absence of POAs, you risk having your affairs managed by a court-appointed guardian, or sending your family to court to obtain the authority to handle your affairs. This process can be time-consuming, slow and expensive, especially when compared to the minimal cost of having POAs drafted by an attorney. Think of the proverbial “ounce of prevention”.

Your estate plan should include tools not only for after your death, but also during your life. It is important to thoughtfully and responsibly prepare for the possibility of illness and incapacity and POAs are a simple, economical way to accomplish that.

Should you have a question or would like to discuss your estate plan, please contact Teri L. Havron.

Mandatory Arbitration: The Client’s Guide

Posted on March 22nd, 2012 by Katie A. Hubbard

After handling a variety of cases with different types of people, I’ve learned that many times the law can be confusing for anyone who is not familiar with it. The process can be long and the words lawyers use are sometimes their own language, just like doctors in a hospital or ironworkers at a jobsite. Since I recently completed an interesting mandatory arbitration, I figured I would help “de-lawyerize” (yes, that is a made-up word) the process for any interested readers, clients, or people who may be in a position where they need an attorney.

Mandatory arbitration is a system that was set up in Illinois to help with the high volume of cases in our court system. It is a program in operation in both Madison County and St. Clair County, as well as other counties in the state. The word “arbitration” is used because it is a different or alternative form of resolving a dispute than a normal trial with a judge and jury. The word “mandatory” is used because most cases that are worth under $50,000 must be filed in the arbitration unit, with some exceptions. The good news is that the mandatory arbitration process moves cases along quicker…usually. A law suit is filed with the court in the same way it would be for any other case, but it is filed in the arbitration unit instead of the civil court system.

After a law suit is filed, there is limited discovery that can take place by both sides. Discovery includes allowing each side to ask questions of the other side in writing, requesting documents from them, and taking depositions (questions in person, under oath) of witnesses or people involved in the case. After this is completed, the case can proceed to arbitration.

There will be three arbitrators at the arbitration who decide the value of the case, or the amount of money awarded. The three arbitrators are all attorneys in the area who have enough experience to be on a list that the arbitration unit uses to randomly assign them to cases. Usually the arbitration does not last longer than two hours. It is informal and each side can present their case with an explanation of the facts and witness/party testimony. The arbitrators then give a decision in writing to each side some time after the arbitration. If the decision is accepted by each side, the case is over, but if one side rejects it they can pay a fee to have the case tried again. But this time, it would be in a court room in front of a Judge and jury for an actual trial.

The cases I handle are mostly for people who have been injured in an auto accident, injured at work, or in other ways by negligent parties. Whether it is through arbitration, trial, or battling with insurance companies, I can help “de-lawyerize” a process that is sometimes intimidating. If you have been injured or just have questions about this process, give me a call or send me an email.

The FDA investigation into Pradaxa Side Effects

Posted on March 19th, 2012 by Robert D. Rowland

After recent reports of serious bleeding events and deaths in patients taking Pradaxa, the U.S. Food and Drug Administration (FDA) is now investigating Pradaxa and its potentially deadly side effects.

Pradaxa (dabigatran etexilate) was approved in October 2010 by the FDA to reduce the risk of strokes in high-risk patients – or those with atrial fibrillation, a condition that affects about 2 million Americans. Since approval, it has generated an abnormally high number of adverse-event reports, including 260 fatalities from people who have bled to death while using the drug.

This has triggered several outcries for a recall. Research seems to indicate that the bleeding deaths are related to the fact that Pradaxa inhibits the release of a key protein that is essential to the formation of blood clots. Therefore, patients with ulcers or internal injuries can suffer much greater blood loss than those not on Pradaxa.

Doctors have reported seeing Pradaxa patients in emergency rooms bleed to death because they could not reverse Pradaxa’s powerful blood thinning effects. The drug has no known antidote to reverse its effects in the event of a medical emergency.

From the time Pradaxa came on to the U.S. market in late 2010 until August 2011, the FDA says that 371,000 patients in the United States began taking the drug. By the end of June 2011, the FDA had received 1,583 reports of “gastrointestinal hemorrhages” and 466 cases of “vascular hemorrhagic” complaints.

If you or a loved one suffered when using Pradaxa, contact Robert D. Rowland.

GHAR helps SOAR support local students

Posted on March 5th, 2012 by The Firm

Goldenberg Heller Antognoli & Rowland is proud to once again be a sponsor of the Steelworkers Organization of Active Retirees (SOAR) Chapter 34-7-2, helping to benefit their scholarship fund at their annual Awards Banquet on June 16, 2012.

This year, the SOAR scholarship will be open to area high school seniors, who will compete for a $1,000 grant to fund the aid in the support of their studies.

SOAR will also recognize a “Friend of SOAR” at the Awards Banquet who has led the charge for the working and retired workers. They will also recognize the most active members and other volunteers in the community who are making the organization strong and effective.

The Banquet will be held at the Neighborhood Social Club in Pontoon Beach, IL. This casual event will feature a catered dinner, prizes, and raffles. Tickets are $20/single or $35/couple in advance and $25/40 at the door; a table for 6 is $115. You can also make a direct contribution to SOAR. Visit http://www.soar7-34-2.org/ or call 618-452-1130.

Metal on Metal (MoM) Hip Replacements: Risks, Replacements and Revisions

Posted on February 20th, 2012 by Robert D. Rowland

For years, the material of choice for total hip arthroplasty was polyethylene-lined acetabular cups, mated with ceramic or metal femoral heads. But over time, the polyethylene liner would wear out – even more quickly for more active people – requiring replacement surgery. Ceramic hip components, also a popular choice for years, could chip or break from use.

These materials led the way for the metal-on-metal (MoM) hips. Recent high-tech developments in hard metal alloys made hip components with smooth components, so a cup and head could fit together perfectly.

The new MoM hip was well-praised in the medical community, and marketed heavily as an ideal option for younger, more active patients. It was promoted as having a longer life than other hip options – 20 years or more. Yet significant problems arose, including:

Aseptic loosening: The cup becomes loose for reasons other than infection, requiring revision surgery.

Bone loss: The release of metal ions is suspected to cause osteolysis and inhibit or reverse the bony ingrowth process that holds the devices in place. Many MoM recipients first report great results, then later need revision surgery.

Metallosis: This serious reaction to the accumulation of metal ions or metal debris in the body, metallosis can result in tissue death, pseudotumors and bone degradation.

Neurological problems: Long-term exposure to cobalt and chromium ions can lead to headaches, memory issues, metallic taste in the mouth and cardiac abnormalities.

The FDA is currently gathering information about MoM hip systems, including information about adverse effects of increased levels of cobalt and chromium in the blood stream.

Current MoM hips with alleged injuries include the Zimmer Duron Cup, the DePuy ASR, the DePuy Pinnacle and the Wright Conserve.

If you or a loved one is currently suffering from a MoM hip replacement, contact Robert D Rowland.