Section A. IMPORTANT NOTICE ABOUT THIS WEBSITE
EXPERT ADVICE
Section A. IMPORTANT NOTICE ABOUT THIS WEBSITE
Section B. MEDICAL DIRECTIVE AND POWER OF ATTORNEY FOR HEALTH CARE
Section C. ESTATE PLANNING
Section D. PROTECTING OUR CHILDREN FROM PREDATORS
Section E. CRIME PREVENTION FOR KIDS - DANGERMAN: THE URBAN SUPERHERO
This
website provides information about the law and criminal justice issues. IT IS
PREPARED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE. A
good faith effort has been made to ensure the information provided in this website
is accurate and useful. However, NONE of the information provided in this website
is legal advice.
Any response to this website, via e-mail or otherwise, DOES NOT create an attorney-client relationship. Therefore, no attorney-client privilege attaches by this communication.
You may contact us via e-mail to inquire about this law firm and the services offered. However, the information transmitted via e-mail will not be treated as confidential. DO NOT send to us any information about your current or potential legal concerns, unless we send to you a letter via regular United States Postal Service mail requesting your information be sent to us.
Sulton Law Offices is very concerned about privacy issues. Therefore, we DO NOT collect any information from visitors to our website.
As a courtesy to our website visitors, links to state and federal government agencies are provided in this website. However, Sulton Law Offices is not associated or affiliated, in any way, with any government agency. If you access these government agencies' websites via the Sulton Law Offices' website, please read these government agencies' websites privacy policies. The privacy policy of the Sulton Law Offices' website applies only when you are on the Sulton Law Offices' website.
MEDICAL DIRECTIVE AND POWER OF ATTORNEY FOR HEALTH CARE
We should prepare for the expected. We expect to get old and frail, to get sick,
and then to die. The alternative is also unpleasant - dying while we still are
young and healthy. Having a medical directive and health care power of attorney
will ensure our wishes are met when our voices cannot be heard.
When we visit our doctor, he or she wants to know how to help us, and needs
to know how much help we want. Some of us have very different ideas about the
amount of help we want our doctors to provide. Obviously, the easiest way for
a doctor to determine our wishes is to ask us.
But what happens when we are rushed
into a hospital and are unconscious? We can expect all possible steps will be
taken to save our lives. But what happens if we do not want all possible steps
to be taken and we are unable to communicate our wishes to our doctor? Someone
must come in and speak for us OR we can "speak" for ourselves through
a medical directive and power of attorney for health care. These pieces of paper,
when properly completed, will ensure our wishes are met when our voices cannot
be heard.
Below is an example of what a medical directive might look like if you live in the State of Colorado. This example is not being provided as, nor should it be considered, legal advice. It is strongly recommended that persons consult with an attorney before signing this type of document, which should be part of an overall estate planning process.
Medical Directive
I, ___________, being of sound mind and at least eighteen years of age, direct
that my life shall not be artificially prolonged under the circumstances set
forth below and hereby declare that:
1. If at any time my attending physician and one other qualified physician certify in writing that:
a. I have an injury, disease, or illness which is not curable or reversible and which, in their judgment, is a terminal condition, and
b. For a period of _____ consecutive days or more, I have been unconscious, comatose, or otherwise incompetent so as to be unable to make or communicate responsible decisions concerning my person, then
I direct that, in accordance with Colorado law, life-sustaining procedures shall be withdrawn and withheld pursuant to the terms of this declaration, it being understood that life-sustaining procedures shall not include any medical procedure or intervention for nourishment considered necessary by the attending physician to provide comfort or alleviate pain. However, I may specifically direct, in accordance with Colorado law, that artificial nourishment be withdrawn or withheld pursuant to the terms of this declaration.
2. In the event that the only procedure I am being provided is artificial nourishment, I direct that one of the following actions be taken:
(initials of declarant) _________ a. Artificial nourishment shall not be continued when it is the only procedure being provided; or
(initials of declarant) _________ b. Artificial nourishment shall be continued for _________ days when it is the only procedure being provided; or
(initials of declarant) _________ c. Artificial nourishment shall be continued when it is the only procedure being provided.
3. I execute this declaration, as my free and voluntary act, this _________ day of _________, 20__.
Signed: __________________
The foregoing instrument was signed and declared by _________ to be her declaration, in the presence of us, who, in her presence, in the presence of each other, and at her request, have signed our names below as witnesses, and we declare that, at the time of the execution of this instrument, the declarant, according to our best knowledge and belief, was of sound mind and under no constraint or undue influence.
Dated at _________, Colorado, this _________ day of _________, 20__.
Witnesses: ________________________________________________
ESTATE PLANNING: PREPARING FOR THE EXPECTED
Estate planning essentially is a way to organize our business affairs so that when we are unable to manage our business affairs someone else can step in and do it the way we prefer it be done. Among the things we should consider doing are making a Will and completing a medical directive.
We should talk to an attorney and ask him or her to help us write a Will. If we already have a Will but it is over two years old, then we should ask an attorney to review it with us to see whether it needs to be updated. We also should speak with an attorney to help us prepare a medical directive in case of an incapacitating illness or injury.
There are many other estate planning matters we should discuss with an attorney, including when to transfer property, whom to select as a trustee, and tax liabilities.
In addition to working with an attorney to help us with estate planning matters, we also should consider renting a safe deposit box at a bank. Into this box, we should put all of our important papers. In this way, those persons trying to take care of our business affairs will have only one central place to go for all necessary documents.
Following
is a checklist of some of the documents we should place in our safe deposit
box at the bank:
1) social security card;
2) birth certificate;
3) marriage certificate and/or divorce papers;
4) baptismal certificate or other religious record and name of current pastor or religious leader;
5) deeds to house and other real estate;
6) mortgage notes (or payoff statements when we are so blessed);
7) car titles and car notes;
8) home, car, and life insurance policies;
9) pension and annuity plans;
10) certificates of deposit, stocks and other investments;
11) checking and savings account numbers;
12) pertinent medical records, particularly when we have some unusual medical condition;
13) health care directives;
14) "do not resuscitate" order if we so choose;
15) names, addresses and telephone numbers of doctors, dentists, lawyers and accountants;
16) names, addresses and telephone numbers of close relatives and friends;
17) copies of last three years income tax returns;
18) Will; and
19) note stating funeral and burial/cremation wishes.
It takes time to get better organized. It also costs money. But preparing for the expected will ensure our wishes are met when our voices cannot be heard.
PROTECTING
OUR CHILDREN FROM PREDATORS
The disturbing story of a child reported missing is not new to the American scene. The Federal Bureau of Investigation indicates thousands of "missing child" reports are filed each week. Most children are found. However, in far too many instances a "missing child" case is closed after a grieving parent positively identifies his or her small child's body lying lifeless in a morgue.
The Federal Bureau of Investigation reports over a thousand children under the age of 17 are murdered each year, over half of them are under the age of 10.
Because child predators can be found anywhere, parents everywhere must be vigilant. No parent has the luxury of assuming his or her child will not be victimized. Child predators are bold and they "hunt" where children can be found - near schools, shopping areas, and even near or in their homes.
Among the steps parents should consider taking to protect their children from predators are:
Walk to school with your children, or see them get on and off their assigned
school bus.
Do not leave your children in the car while you run into the store, even if
it is a convenience store.
At night, lock the windows to your children's bedrooms.
Encourage your children to play in groups with other children.
When your children are playing around the house, if you are not outside with
them, then leave open your windows so that you can hear what may be occurring
outside.
Be
attentive to your neighborhood - pay special attention to unfamiliar vehicles
and unfamiliar people moving through your neighborhood.
Review the Internet websites your children visit and check their e-mail messages.
Although your children may think this is intrusive on their "sense of privacy,"
predators effectively use the Internet to identify potentially vulnerable children,
particularly those home alone while their parents are at work.
Frequently
speak with your children about potentially unsafe situations, including not
accepting candy from strangers or going anywhere with persons unknown to them.
Let your children know it is OK to say "no" to an adult they do not
know.
Teach your children how to call home and how to reach you at work. Let them
know that if they cannot find you, then it is OK to call the police because
the police will help them get home.
These are just a few of the tips that will help keep your children safe.
Additional information on child safety can be found in the website of the National Center for Missing and Exploited Children, http://www.missingkids.com/
Each year, tens of thousands of children are involved in serious crimes. A unique approach to help children avoid involvement in crime, as victims or offenders, has been developed by a company known as "The Urban Superhero DangerMan." For additional information on this company please contact it at: www.thedangerman.com/
Please contact us at: annesulton@comcast.net