Ethically Representing Clients Under Disability
Like most Mediators, you may take CLE/CME classes for the information and improve your practice, not necessarily for the CLE/CME credits.
Unfortunately, unnecessary health care, testing, and treatment are given more often than you would think. This drives up the cost of health insurance for everyone else and possibly causing harm to a patient.
A recent study found that half of the medical care examined was unnecessary. This ratio of wasteful medical care to necessary medical care is as truly astounding. Additionally, it is a leading cause of the exorbitant cost of healthcare in our nation.
More important than the monetary waste, is damage to the health of individuals. These are people who are inappropriately, unnecessarily, or excessively treated. As many know, the first tenet of medical care is “do no harm.” In a misguided attempt to do good, a medical practitioner may go overboard in ordering tests, procedures, or medications. In the end, this may ultimately do more harm to the patient than good. Rather than assist in diagnosing or curing any condition, disease, or injury, some may suffer. Lastly, unnecessary tests, procedures, and treatments are eventually billed to the patient. Dependent upon their copay, this places the burden on the patient to pay for medical care they did not need.
When someone is injured or sick, they want the most thorough and comprehensive medical care. As a layperson, how can a typical patient tell what care is necessary and what isn’t? And, if they believe they’ve received excessive medical care, what can they do about it?
There are several reasons unnecessary medical testing and treatment occur. First, there may be a matter of practice tradition, for example, if an echocardiogram is ordered every time a patient complains of chest pain. Second, your medical provider may believe that other physicians, such as your primary care provider or surgeon, want additional tests done. Third, there may be some concern about thoroughness. Medical malpractice and liability for misdiagnosing or mistreating an illness, disease, or injury is serious.
If medical care you’ve received has had no effect on your condition, made your condition worse, or injured you in some other way, you need to see another doctor and be assessed. You want to make sure that you will suffer no long-term effects from unnecessary medical treatment, and you want to receive the correct treatment for whatever condition you have. If you believe you’ve had an unnecessary surgery or other procedure, contact a medical malpractice attorney for help. Not only should you not have to pay your copay for that procedure, but you may also be eligible for compensation.
“Unnecessary surgery” occurs when a patient has a surgical procedure that the patient does not want or need. In other words, the surgery is not being performed to treat an injury or illness or to improve the patient’s health or well-being. A patient who has suffered injury, harm, or death as a result of an unnecessary surgical procedure may be able to sue their surgeon and other medical providers involved. These claims often serve as the basis of a personal injury or medical malpractice lawsuit.
Patients and patients’ families who prevail in unnecessary surgery cases can potentially recover. Whether economic, non-economic, or possibly punitive (punishment) damages apply, this depends on if they can obtain proof. Their task is to show that the surgeon deviated from their duty of care and the patient suffered actual damages.
If the unnecessary medical treatment took the form of additional testing, that might not have harmed you other than wasted your time. However, you should not have to pay for it. Dispute the charges with the office of your medical provider and your health insurance company, and be sure to keep a record of all correspondence concerning the dispute. If disputing the charges at that initial level is not successful, consider filing an appeal. This can be done with your medical provider’s patient advocate and contacting the office of your state insurance commissioner.
A worst-case scenario regarding testing involves pre-operative testing. This occurs when a medical provider orders unnecessary tests and the health insurance company realizes they are unnecessary and refuses to pay. In that case, a patient caught in the middle. They must fight both their medical provider and health insurance company to avoid liability for those costs. Keep a file of your medical bills. Those bills will list all tests, treatments, and procedures done and provide proof. Should you have to contest any of your care, this will confirm their happening and you can explain their unnecessary and/or harmful nature.
Veronica Baxter is a legal assistant and blogger living and working in the great city of Philadelphia. She frequently works for Villari Law, a noted birth injury lawyer with offices in Philadelphia and Camden, NJ.
Our lawyers have been helping clients in Family, Elder, and Probate Law since 1999. Struggling with probate issues, child custody or a recent divorce? If you are seeking legal advice contact the law office of Attorney Aubrey Harry Ducker Jr. Our offices handle all types of legal representation from Family Law to Elder Law. Call us today at (407) 647-7887 or send us a send us a message. Aubrey Harry Ducker Jr. Attorney at Law serves Altamonte Springs, Longwood, Maitland, Orlando, Oviedo, Winter Garden, Winter Park and Winter Springs and surrounding areas.
The matters involved in Florida Family Law are just as much delicate as they are challenging. The types of cases seen can typically run high in sentiment and emotion for clients which confirms the fragile nature. In order to navigate the situations with ease and grace, Aubrey Harry Ducker Jr. joins other esteemed Family Law attorneys in providing a useful resource. Read on to discover methods, systems and effective measures to assist in these situations.
Helping clients through the various issues that must be addressed in Family Law is no easy task. Tune in for this live presentation Monday, July 26, 2021 from 9:00 AM – 4:30 PM EST to this insightful presentation. In order to keep up with the evolving times, this course highlights some of the biggest problems in Family Law cases. You surely do not want to miss the chance to elevate and hone your family specific skills with these established tactics. Thanks to some of the major Family Law attorneys in Florida, you gain experience tackling these key challenges! The types of topics, methods and approaches utilized by the most esteemed Family Lawyers are included below:
This live online seminar tailored to Family Law attorneys is invaluable and insightful throughout its duration from 9:00 AM – 4:30 PM EST. A breakdown of the information to provide better services in the face of challenges in Florida Family Law:
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Our esteemed lawyers have been helping clients in the area of Family Law since 1999. Struggling establishing guardianship, child custody or a recent divorce? If you are seeking legal advice contact the law office of Attorney Aubrey Harry Ducker Jr. Our offices handle all types of legal representation from Family Law to Elder Law. Call us today at (407) 647-7887 or send us a send us a message. Aubrey Harry Ducker Jr. Attorney at Law serves Altamonte Springs, Longwood, Maitland, Orlando, Oviedo, Winter Garden, Winter Park, Winter Springs and other surrounding areas.
Did you know that nursing homes are among the biggest creditors you are likely to face in life? It’s true, and the average American is bound to bear this common financial burden at some point. The latest monthly costs calculated by the Genworth Cost of Care Survey for Orlando, Florida are truly staggering. Genworth estimates the median monthly cost at $3,700 for an assisted living facility and $9,125 for a semi-private room at a nursing home. (more…)
It is never easy when life decides to take a turn for the worse. When someone passes, how do you know where to begin or what to do? Have you or your partner found yourselves falling out of love and possibly considering divorce? Or, do you have questions about setting up visitation rights to see your grandchildren? We know these scenarios are difficult to think about, but the fact is they may occur. Aubrey law helps you go through these trying times as stress free as possible. On the other side of the coin, are you prepared for when your own time comes with a living will or trust in place? With Attorney Aubrey Ducker Jr. by your side, you can face all of these situations with confidence and surety. Read on to discover more and find your trust administration attorney near me.
When a trust is formed, the creator of the trust (the “trustor”) specifies how his or her assets are to be distributed. A few different types of trusts can be created, including a irrevocable trust. The trust will also specify a trustee, a family member or close friend, to carry out the wishes of the trustor.
Upon the death of the trustor, the trustee will be responsible for many aspects. This includes but is not limited to the following items:
Aubrey Law highlights the process as significantly more private, orderly and effective than the probate process. However, it is an action that requires close collaboration of the attorney, financial advisor, CPA and the trustee-client.
Also a Family Law Attorney, Aubrey Harry Ducker Jr. takes pride in conflict prevention approach and conflict resolution approach to family law and senior law cases. Aubrey Harry Ducker Jr. treats every one of his clients with respect and kindness. Attorney Aubrey Harry Ducker Jr. values meeting new clients. Aubrey Harry Ducker Jr. utilize his experience to direct them through various family law and senior law matters, some of which include:
Family Law: This practice area focuses on issues involving family relationships. Such areas include divorce, adoption, and child custody. Attorneys practicing family law can represent clients in family court proceedings or in related negotiations. Our offices can also draft legal documents such as court petitions or property agreements. Some family law attorneys even assist in paternity, adoption, emancipation, or other matters.
Child Custody: Child support is one of the more fervently challenged angles of family law since there’s so much at stake on both sides. The custodial parent and child depend greatly on the financial help of child support. related help of child back. Non-custodial parents must be able to pay their own bills without falling behind on rent, a mortgage, or other expenses. When both sides balance these two sides varying sides can be complicated. Emotions can run high and take over in some cases. Aubrey Harry Ducker Jr. is a child support attorney who can help you restore balance in a divorce case.
Your local Attorney Aubrey Law takes personal pride in conflict prevention and resolution in elder law cases. Aubrey Harry Ducker Jr. has years of experience and accomplishments in this legal field. Specifically, he has taken particular interest in elder law after caring for his own grandmother and parents-in-law. Having first-hand experience, he knows how to deal with the stresses that accompany deciding how to live out one’s “golden years.” Attorney Aubrey Harry Ducker Jr. also expressly knows adult children have to undergo this rite of passage. This highlights special care when making decisions for a parent suffering from a serious or chronic illness.
Unfortunately, probate does not always go smoothly. In this case, a will may be contested in court. This could be when the decedent had multiple wills or when there were many handmade amendments. The court will determine if this will is valid. In this case, an attorney may be required to protect your interests as a beneficiary. Aubrey Harry Ducker Jr. is an Orlando probate litigation attorney who assists clients with a wide range of probate litigation issues:
Probate Administration: When a loved one dies, their assets, directed by the will, are not immediately given out and their debts paid off. Rather, there is a time-consuming court process called probate. Probate is the process of officially proving the validity of a will in court. During probate, the decedent’s debts must be paid off, as well as any taxes that they still owe. When a will is admitted to probate and the will is put into effect, only then can gifts be made to beneficiaries and the will executed. Though timely, probate is a fairly straightforward and simple process. If you have questions, an attorney has intimate knowledge concerning all matters of probate.
There are circumstances where family members are able to dispute the validity of the will. They can even object to a family’s state of mind. These disputes need to be handled in a professional fashion by an experienced attorney. This is to avoid costly delays and cut down on family feuds. Attorney Aubrey Harry Ducker Jr.’s Orlando probate administration attorneys steer clear of problems, resolve disputes, and carry out their duties as executors of the will. You will need an experienced attorney when a will is contested or when you wish to contest a will. Call Attorney Aubrey Harry Ducker Jr. today for immediate assistance.
Our lawyers have been assisting clients in family, elder, and probate law since 1999. Struggling with probate issues, child custody or a recent divorce? If you are seeking legal representation contact the law office of Attorney Aubrey Harry Ducker Jr. Our offices handle all types of legal representation from family law to elder law. Call us today at (407) 647-7887 or send us a send us a message. Aubrey Harry Ducker Jr. Attorney at Law serves Altamonte Springs, Longwood, Maitland, Orlando, Oviedo, Winter Garden, Winter Park and Winter Springs and surrounding areas.
The COVID-19 outbreak has affected every aspect of American life—from school, work, and travel to how we buy groceries and toiletries. Medical experts agree that social distancing is one way we can help slow the spread of this virus. But what does that mean for child custody & visitation rights? Is it safe to co-parent in a pandemic?
Distributing a person’s assets after they die depends on the instructions left behind in a will or trust. In situations where instructions were not left, the state laws govern the distribution of property regardless of the desires a person may have expressed before passing away. A trust may be created during life, either as a revocable trust or an irrevocable trust.
Or a trust may be created under a Will. Regardless of the attributes of the instrument creating the trust, different sub-trusts may be created under the trust. If the assets start in the Will, the Will could name the revocable trust as the beneficiary, this is a “pour-over” Will. Or, the Will could set up trusts directly. If the assets start off in a trust, it may be called a Revocable Living Trust or some other name. There is no magic to the name of the trust. It just cannot be confusing or violate a copyright. Upon death, a temporary Administrative Trust may be created to pay expenses prior to splitting as directed by the instrument.
Trust litigation is where a Beneficiary or Trustee or even an heir of a Trust feel their legal rights are trampled upon and need legal counsel to represent them in court. Typically, the trust litigation is between the Trustee vs. the Beneficiary/ heir. Many issues can arise, and mostly due to transparency, the beneficiary feels the Trustee may be self-dealing. Self-dealing is where the Trustee puts their needs and wants before the Beneficiaries. Now, the Trustee knows they have the fiduciary duty to put everyone above their self-interest first and to comply with the wishes of the Trustor.
So, what happens to a living trust at death? Upon the death of the owner of a living trust, the successor trustee will take over. The first step is to contact the investment firm that is holding the living trust or the attorney representing the trust owner. They will have the necessary documents (the trust agreement) to begin executing the provisions of the trust.
If the trust holds real property, the next step is to bestow title in the successor trustee to ensure that the property will be handled according to the settlor’s wishes. An affidavit ought to be recorded with a certified copy of the death certificate against each real property held in a living trust.
This process transfers the property’s title from the deceased settlor to the new trustees. A change of ownership form is typically recorded simultaneously with the affidavit. If the trust transfers real property from parents or children by any means exempt from property tax reassessment, the trustee must complete the proper exemption form. An attorney is recommended to help prepare these documents.
A Pot Trust is a trust set up for several beneficiaries, typically children. The purpose of a Pot Trust is to keep the funds in one “pot” until a later event. For example, at the death of the parents, the assets may be kept in one pot until all the children have graduated from college or reached age 25. By doing this, parents can ensure that each child has enough to go get a good start in life.
Let us say that there are 2 children ages 18 and 22 at the death of the parents and there are $400,000 in assets. Assume that the 22-year old went to a school costing $50,000 per year and has now graduated. If the 18-year old went to the same school, without a pot trust, their entire inheritance would go toward their education. With a pot trust, once they are both out of college, the trust would split, and each would get $100,000. Once the pot trust terminates, the remaining balance could be distributed outright or in further trust.
Get the death certificate. You will need to get as many original death certificates when settling a trust after death based on how many bank accounts, properties, etc., you must receive the original death certificates. Contact Social Security if necessary. Many times, a check might need to be returned based on when the SSI check was received, after the death of the grantor.
Inventory Trust Assets. It takes time to collect all assets, documents, and control them, so no loss of assets occurs. Review Trust Investments: Depending on the number of investments can complicate matters. Many times, a financial advisor may be necessary to understand the ramifications of selling, reinvesting, etc.
Set up a Record-keeping system: Setting up bookkeeping is the foundation of the trust administration process. Identify all beneficiaries and heirs: To add to the time, the Trustee will need to contact the heirs and beneficiaries as to the status of the Trust process. There is a reasonable time frame; the Trustee must get back with the Beneficiary with answers. The above list is just a preview of the full breadth of steps of an accurately complete trust administration process.
What if the Beneficiary has been waiting for more than 18 months? If you are the Beneficiary, hopefully, you have been in the loop of the current standings. If not, then, you will need to start by gathering information like the following:
1. Copy of the Trust
2. Banking information
3. Asset updates
How Does the Trust End?
Depending on the terms of the trust, it may be dissolved after all the trust property has been distributed. But, if the terms call for something other than direct distribution to heirs, it may be necessary to maintain the trust for a period. For instance, the trust owner may have left money to a minor child which would require that the trust retain the funds until the child reaches the age of majority in the state of the child’s residence. If that is the case, the trustee will remain responsible for the trust until it is time to make the final distributions.
Child custody and divorce law: Family law deals with issues that are family-related and issues of domestic relations. Most family law practices focus on representing clients within a divorce and the issues related to divorces such as the division of marital property, child custody and support, and alimony.
The top Special Education Lawyer in Orlando is Aubrey Law. Special Education is not easy for anyone. There can be plenty of ups and downs when it comes to your child’s or children’s education. There are multiple forms of special education. When most people hear the words “special education” they think of the class that is separated from other students. There is not just one approach to helping someone in need of special education. New federal law states that students needing special care in the classroom will receive that care. Your child deserves to have all of their learning needs met to give them the best education that works for them. Lawyer Aubrey Ducker Jr. can and will help your child receive the education they need to be successful. After all, lawyer Aubrey Ducker Jr. is the top special education lawyer in Orlando!
Every parent wants the best for their child. With Aubrey Law, we make sure your child will get the proper education they need to be successful. If your school district is not keeping up with the help your child needs, then Aubrey Law will make sure they do. Attorney Aubrey Ducker Jr. can help guide you through the process of making the best decisions for your child or children’s future. If your school is failing in keeping up with evaluating your child’s educational needs, Aubrey Ducker Jr. can and will help you stand up for your child’s rights within the school and school district. Contact us to see if you need a Special Education Lawyer in Orlando.
Children can be hard to read at times, but it also can be clear when they need help. Some common symptoms of special education needs can include traumatic brain injury, emotional disturbance, deaf or blindness, hearing impairment, and Autism. These are also signs your child is calling out for help. A physical disability like blindness might show signs quickly while a learning disability such as dyslexia could be more difficult to detect from your child.
Detecting if your child needs special education early might help you understand more about the needs your child will need and the learning curve that could follow. If you’re not too sure if your child might be in need or have any of these common symptoms, some other signs to look out for include: problems with reading or writing, poor memory, short attention spans, issues with staying organized, hard time with paying attention, clumsiness, and problems with following direction. Some more common symptoms of having a learning disability could also include having a difficult time listening, acting out without thinking of possible outcomes, and getting easily distracted. One of the most common of learning disabilities is Dyslexia.
Signs of Dyslexia can include poor spelling, problems in writing, and delay in speaking. They also include slow rate of reading out loud and to self, difficulty understanding and following directions. Some special education disabilities are not as serious as others but are still very serious to the child. Another form of learning disability includes Dysgraphia. This is when a child has trouble with writing or has very poor handwriting and does not outgrow this situation. Some signs of Dysgraphia may include the child not holding and twisting the pencil when trying to write, saying words out loud while writing and leaving words or phrases unfinished in a sentence.
Each child that receives special education services should have an individual education plan also known as an IEP. The IEP will help parents, school administrators, related services personnel and occasional students (when appropriate) to improve the quality of education of your child. An IEP is the quality of education for your child or children. To help create an effective IEP, parents, teachers and other school administration must come together to understand the student’s unique educational needs. Looking out for the signs your child is giving might be able to show some of the care they need. But you can’t just look and watch the actions of the child. Being prescribed by a doctor is the only way to truly know the needs of your child. This helping comes up with a design to help the child become more involved. It will also improve progress within the general education curriculum.
Aubrey Law can help your child with learning disabilities control and have their rights to proper education. IEP (individual education plans) are not the only form of law to be able to help your child. The federal government ensures the rights of families and students with disability protection through individuals with disabilities education act also known as IDEA. Students can qualify for the IDEA program if they meet the criteria. IDEA’s program helps if they are deaf or blind, are emotionally disturbed on serious levels, autistic, suffering traumatic brain injuries, suffering from learning disabilities or health impairment. This specific act allows how states and agencies might provide early special education, intervention and related services to children with learning disabilities. Some other laws that could help your child of disability include 504 accommodations and IEP requirements.
Overall parents have rights in their child’s education. They have a right to be informed if their child or children are having difficulties in learning. Child education and special education can harm or affect a student of disability if not helped as quickly as possible. Lawyer Aubrey Ducker Jr. can help your child become more successful within their learning path. His guidance will help you keep on top of your school district’s educational curriculum. Having a disability is already hard enough on the student. But having and needing special education on top is even more difficult for them to handle. Lawyer Aubrey Ducker Jr. can help not only you but also your child. Let us help you and your child get the care that they need to excel in school. Attorney Aubrey Ducker Jr. is considered one of the top Special Education Lawyers in Orlando.
Aubrey Law is the best Family Law Attorney in Orlando! There are so many hard and difficult situations you go through in this world and in your life. Divorce and family law being among these situations. Divorce and Family Law is not only hard and tough for you, but they are also tough on everyone that’s involved. Your family, children, and even the other party. Here at Aubrey Law, we know how to support you, and everyone involved especially through these tough times. Aubrey Law does this in an easy stress-free manner. We take pride in knowing how to care for the family’s needs. Our Attorney Aubrey Law provides you all the attention and help you need.
Professional Attorney Aubrey Harry Ducker Jr. provides you with professional legal guidance and has been able to provide his clients with the results they need for many years. Attorney Aubrey Ducker helps you to get through all your family legal matters as quickly and painlessly as possible. Advanced in Problem solving techniques, Aubrey Harry Ducker Jr. can help solve your family law cases with ease. Having studied for years Attorney Aubrey Harry Ducker Jr. can find ways to help both parties come to a healthy and agreeable conclusion in any case needing to be provided to you.
Attorney Aubrey Harry Ducker Jr. has had many successes in his years in the legal field. This includes being a member of the Orange County Bar association and of the Association of family and conciliation courts. Martindale-Hubbell has awarded him the highest peer review rating. Aubrey Harry Ducker Jr. takes a lot of pride in knowing how to care for a family’s needs and make sure we can provide you with the healthiest of solutions. Visit www.aubreylaw.com to see even more of Aubrey Harry Ducker Jr.’s many accomplishments!
Aubrey Law’s office is right in the heart of beautiful downtown Orlando. His offices are designed to make you feel comfortable and safe. You can schedule appointments at one of our locations or a location of your choosing. Our offices understand that you enjoy being in the comfort of your homes or any other area that you feel is best and safe for you. After all, we understand the privacy needed to help you go through tough times.
Here at Aubrey Law, we take pride in conflict resolution and in conflict prevention approaches. We love to treat every single one of our clients with the care and respect they need. Since what they’re going through is already stressful. Family Law deals with multiple areas such as child custody, child support, adoption, visitation rights and conflict of marriage. No matter what family situation you’re going through, Attorney Aubrey Harry Ducker Jr. will be able to help resolve all the conflict involving your situation. With the help of our practical problem- solving techniques.
So, if you are someone who needs guidance through your divorce or Family Law situation, Aubrey Law can help provide you with all the care you need. Here at Aubrey Law our focus is getting you through your situation in a fast nonstressful manner and caring manner. Call us at (407) 647-7887 to schedule an appointment.