10 Nov Healthcare POA & CPT
Welcome to the Newsletter
Rana Law Group Newsletter
In this issue:
- Healthcare Directive – Do You Need One?
- Carpal Tunnel Syndrome – Can this be covered by Worker’s Comp?
The topics below are longer than usual so we only have two articles this month.
With COVID-19 spiking in our region, people have been calling about healthcare directives (power of attorney), so it is important to know this information BEFORE you or a loved one experiences a medical emergency.
With carpal tunnel syndrome, many people develop some degree of nerve damage but may not know it. They also may have a workmen’s compensation case which could be covered by their job and lead to a sizeable settlement. Read below to find out more.
Healthcare Directive – Do You Need One?
We have been getting calls about healthcare directives or power of attorney, especially in light of COVID-19 concerns. We even had a few people call from the hospital, worried about what will happen if they become incapacitated or need a ventilator. If you do not already, it is highly recommended you get a healthcare directive (healthcare power of attorney) and a durable power of attorney, in addition to a more comprehensive estate plan which includes a will and a trust. I get it, no one wants to think about their own death, however, I promise getting these done will bring you peace of mind while making life easier for your loved ones.
Power of Attorney – the healthcare directive outlines who can make medical decisions on your behalf should you become incapacitated. It is important to note that the directive does not apply until medical professionals deem you unable to make the decisions on your own. A durable power of attorney is helpful because it allows someone to act in your stead on all sorts of matters, such as authority to pay your bills, withdraw money and exercise other rights including advocating on your behalf. Keep in mind, you can limit the powers you bestow on your power of attorney and a healthcare directive is limited only to medical care decisions. Also, the individual you pick for the healthcare power of attorney can be different from the person you pick for the durable general power of attorney.
Some people think they do not have to have something formal because their parent, spouse or child can just step in. Not so fast – sometimes, legally, that may not be the case. Moreover, the fear is the person who could make the decision on your behalf is also simultaneously incapacitated. This sounds like a law school exam question but you have to pretend like everyone in your immediate circle is incapacitated. Who steps in?
Will vs. Trust – a will and trust are different but work great together. Most experienced estate planning professionals will tell you the goal after a person dies is to have as many out of probate transfers as possible. These are commonly done by payable on death or transfer on death designations. For instance, a deed to property can be jointly titled or include a transfer on death filing. Another example is a bank or retirement account, which can include a directive to the financial intuition to pay on death to a beneficiary you designate. Out of probate transfers are important because they do not have to go through probate court and the transfer is effectuated upon the death (subject to going through the proper legal steps to prove the death and formally transfer over the items or thing to be transferred). This effectively saves time and money for the beneficiaries. Anything not properly transferred out of probate or, worse, if there is no will/trust, must go through probate court. Typically, the probate lawyer hired will receive a portion of the estate as payment, which takes money away from your heirs. Also, it can take several months and require many trips to court to have the judge formally approve the estate. If you write the trust in such a way as to properly bequeath all your worldly possessions, then your heirs will be able to focus on the grieving process rather than jumping through hoops to sort out your estate.
Estate planning includes picking your first choices and having back-ups in the event your first, second, etc. choice is unavailable. That is why it is important to think about all of this now and get something formal in place. Please contact us if you need help or have any questions.
Carpal Tunnel Syndrome
What is carpal tunnel syndrome? Carpal Tunnel Syndrome (CTS) is numbness and tingling in the hand and wrist caused by a pinched nerve. It is typically caused from repetitive motions, such as typing [keyboard or cash register], use of a computer mouse, tools that vibrate and assembly line work with repetitive flexing of the wrist. Symptoms include burning, numbness, tingling or pain in your hands and fingers. People also describe a shock sensation, as well as pain and tingling that travels up their arm into the shoulder. If untreated, CTS can affect grip and ability to pinch, lead to dropping things, difficulties with making a fist or grasping small objects such as buttons.
Unfortunately, I receive calls frequently about people who experience these symptoms and do not know what to do. Typically, if conservative treatments such as physical therapy are unsuccessful, the person will have surgery. I represented many clients who had the surgery and were able to return to their pre-injury activities. It is better to get this problem fixed than continue to suffer in pain.
The other consideration is whether this injury was work-related. If so, it falls under a repetitive trauma case (rather than a traumatic work injury, which is an injury where we can point to a specific incident that caused the injury, such as lifting a box and then feeling a pop in your back). Repetitive trauma cases are much tougher workmen’s compensation cases because the employer, through their insurance company, will typically deny these cases. The injured employee may have to get the treatment on their own, which can include time off work. Some people simply cannot go without receiving a paycheck for that period of time, however, it is typically worth it in terms of quality of life AND the settlement at the end of the case, which can be substantial.
If you or someone you know has any of the symptoms described above, give us a call to see if you may have a case.
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