Alyssa Gilderhus was 18 years old when she suffered a ruptured aneurysm. She was given a 2% chance of survival when she arrived at the Mayo Clinic. Miraculously, she survived and was transferred to the Mayo’s rehab section. Her mother soon became disenchanted with her care and requested that various personnel not attend to her daughter while voicing her displeasure on Facebook posts in all caps. She eventually asked for a transfer to a different hospital.
The Mayo Clinic refused the transfer request alleging that Alyssa could not make decisions for herself. The hospital also sought guardianship of the patient. Frustrated, Alyssa’s family engaged in a cloak and dagger move with Alyssa escaping the hospital and fleeing Minnesota so she could not be returned to the hospital.
A South Dakota hospital saw Alyssa and prescribed medication and sent her home. Alyssa graduated from high school this year after being named Prom Queen.
One point, one plug, and one comment.
1. When she turned 18, Alyssa should have executed a health care power of attorney and a HIPAA Release so her mom could access her health care records and legally make medical decisions for her during her incapacity.
2. I always advise my clients to have their children execute those documents when they turn 18 and definitely before leaving for college. My fee is $150.
3. I would tend to follow the advice of doctors at the Mayo Clinic over those at a rural South Dakota hospital. But if a mother who posts on Facebook in all caps with exclamation points wants to follow different advice for her daughter’s care, she, not a social worker, should have the right to make that decision.
Photo Credit: Engebretson family
License: Fair Use/Education
Showing posts with label Facebook. Show all posts
Showing posts with label Facebook. Show all posts
Wednesday, August 29, 2018
Tuesday, November 28, 2017
Monday, September 21, 2015
She Doesn't Get It - Redux
A young writer recently wrote a web piece titled "If You Have Savings in Your 20's, You're Doing Something Wrong." The article contained the following gems:
- People who are saving in their 20s are people who don’t set their sights high. They’ve already dropped out of the game and settled for the minor leagues.
- Your 20s are not the time to save; they’re the time to gamble. $200 a month isn’t going to make the dent that a $60,000 pay raise will after spending all those nights out networking.
- We don’t have kids. We’ll be renting for the foreseeable future, and we have no problem eating McDonald’s when we’re skint.
Several quick points:
1. If this advice was from a 40 year old looking back on life, it would be less laughable that it is coming from a 20 something trying to justify her lifestyle.
2. I am not sure I know anyone who received a $60K annual raise but she seems to think they are plentiful.
3. The value of the monthly $200 expenditure she mocks is $1 million after 45 years.
4. If she continues to spend what she makes, she will rent forever, not just the foreseeable future.
5. The writer and the 2 million plus people who liked her article on Facebook are likely constituents of Bernie Sanders because they are counting on others to provide for their retirement.
Sunday, July 6, 2014
Really Dead but Virtually Alive
Ever wonder what happens to your social media accounts after death? Most likely not, but the below chart nicely illustrates how the various providers treat them.
Three quick points:
1. Your will should have a clause authorizing the social media provider to follow the directions of your executor.
2. Write down your passwords and let your executor know where they are located.
Monday, May 12, 2014
Semper Fi
A former Marine signed onto Facebook last week and announced he was going to take his own life. He documented the process with graphic photos including a final post that said "Im leakinging good now." While he lay dying in an unoccupied building, his Marine Corps. buddies were frantically trying to locate him and plead with him to not kill himself. After his death, Facebook did not remove the graphic photos of his final moments because "they did not violate the terms of community service." Eventually, Facebook temporarily removed the account pending a ruling from his family. In a nutshell, if a person dies, the options for his Facebook account are to memorialize the account or for the family to remove it. Meanwhile, the former Marines used Facebook to reach out to their comrades who might be struggling and offered to drop everything they were doing to assist one another.
Several points:
1. People should address their digital assets in their wills and give their executor the authority to dispose of or transfer the digital assets.
2. One can always count on Facebook to do the wrong thing.
3. The brotherhood of the Marines is awesome beyond description.
Labels:
digital assets,
estate planning,
Facebook,
Marines,
USMC
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