March 2014

Arbitration Agreements and Long Term Care

In February of 2014 the Court of Appeals of Tennessee at Nashville issued an opinion on the Wilkins v. Golden Living Center-Springfield case holding that the attorney-in-fact did not have authority to sign the optional arbitration agreement on the principal’s behalf. 

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"Does Advance Care Planning Matter?"

So the question is posed in the title of a new study of the care received at end-of-life by 101 Flemish nursing home residents with dementia.

Does advance care planning matter? To put the question another way, for people with dementia who put a plan in place for their end-of-life care prior to losing their mental capacity, did they get the care they planned for? What was their "quality of dying"?

The study, published in PLOS One earlier this month by Belgian researchers, differed from most studies of advance care planning and the use of written advance directives. Other studies usually focused on a general population and not people with dementia; or they focused on care processes or care utilization and its association with advance care planning.

The Belgian researchers chose a difference focus: instead, their interest lay in relating different forms of advance care planning to outcomes and to what the researchers refer to as “quality of dying.”

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The 2014 Legal Handbook for Tennessee Seniors: An Information and Reference Guide

The updated handbook is available (at no cost) to TBA Members via digital format for their use in counseling their clients. Tennessee Bar Association Members are invited to add their firm’s logo and contact information to the Handbook cover for distribution to their clients. Digital and printed copies are also available to the public directly from the TBA.

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