Upcoming Events:

Brinkley Walser attorneys are involved in several events in the next several months, which include:

June 15 - Brinkley Walser attorney David Inabinett will be giving a free seminar on elder law issues at the Lexington City Council Chamber at 6:00 p.m.  He will cover important documents and long term care issues.

We invite you to view our new website www.brinkleywalser.com and sign up for newsletters designed to give you information relevant to your legal needs or questions. Or better yet, give us a call and we will be glad to speak with you personally.

Relatively Few Seniors Making End-of-Life Plans:
by David Inabinett, Managing Member

2010 marks the 5-year anniversary of the death of Terri Schiavo in Florida. Despite the legal battles fought over allowing Terri Schiavo to die, surveys indicate few Americans draft the necessary legal documents that state how far physicians and caregivers may go to keep them alive artificially. Schiavo collapsed and suffered irreversible brain damage in 1990 leaving no instructions in writing as to the withholding of artificial life support; she ultimately died on March 31, 2005. The family’s fight over keeping Schiavo alive was widely reported and covered by American media. Yet while awareness is certainly greater, reports indicate that the same percentage of adults have advanced directives in place now as prior to the Schiavo case.

We recommend that all individuals execute a health care power of attorney, naming someone they trust to make medical decisions at a time when they are unable to competently communicate such health care decisions for themselves. We further recommend that, if it is the individual’s wish, a living will be executed to give written instructions to caregivers and physicians as to the individual’s desire that artificial life support be withdrawn or withheld if they find themselves suffering from a terminal, incurable illness, a permanent vegetative state, or with advanced dementia or other irreversible cognitive illness. Finally, it is helpful for a HIPAA authorization to be signed authorizing one’s health care agent(s) to speak with doctors about treatment options even at a time when one may be technically capable of communicating health care decisions, but just not in the best frame of mind to ‘take it all in’ and make reasoned decisions without the aid of a trusted family member or friend. HIPAA is the health records privacy law which prevents the disclosure of personally identifiable health information to third parties. If you find yourself or a loved one in a hospital or nursing facility, you should also speak with your physician about whether a DNR (“Do Not Rescusitate”) Order or a MOST (“Medical Orders for Scope of Treatment”) Form should be considered to give further guidance to emergency medical respondents as to heroic measures to be taken or withheld.

Such decisions are never easy. However, the ability to make reasoned choices about serious health issues is greater at a time when there is not an immediate illness or other health crisis which blurs clear judgment or decision-making abilities. In addition to executing these documents, we recommend that you talk with the persons whom you have named to make health related decisions for you to ensure that they know and understand your wishes relative to medical treatment and, if necessary, making end-of-life decisions on your behalf.

The elder law and estate planning team at Brinkley Walser welcomes the opportunity to speak with you concerning any questions you may have on these or other topics.

Brinkley Walser, PLLC Services:
We are proud to be a diverse firm that serves the needs of our clients in all areas of the law, including: 
• Administrative Law
• Arbitration and Mediation Services
• Banking Law
• Business Law
• Catastrophic Injury Cases
• Civil Litigation
• Consumer Protection
• Collections
• Corporate Law
• Criminal Law
• Education Law
• Elder Law
• Employment Law
• Estate Planning
• Land Condemnation
• Medicaid Planning/Asset Protection
• Real Estate
• Social Security Disability
• Workers’ Compensation
• Wrongful Death
• Wills & Estates 

Today's Law Practiced with Small Town Tradition

Brinkley Walser, PLLC is a firm based upon a strong tradition since 1886. A tradition of extraordinary service and attention, a total commitment to our clients. A tradition of providing the most up-to-date knowledge of the law coupled with good common sense that promotes a solution that is in the best interest of the client. A tradition of service not only to our clients, but to the community. A tradition of providing expert, affordable legal advice to almost every area of the law. This tradition started in 1886 and continues with the dedicated team of men and women who make up today's Brinkley Walser.