Showing posts with label Death Panels. Show all posts
Showing posts with label Death Panels. Show all posts

Sunday, October 27, 2013

ACA palliative care provisions open new door for probate, property rights abuse

ACA palliative care provisions open new door for probate, property rights abuse



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Palliative care is a term with which increased numbers of Americans have become familiar since 2009 with the debate and passage of the Affordable Care Act (ACA). Stated simply, it’s medical care administered as a replacement to medical treatment. It’s also key to the “death panels” Obamacare opponents predict.
Following the June 2012 U.S. Supreme Court decision upholding the new healthcare law, the Center to Advance Palliative Care issued this statement:
The Center to Advance Palliative Care is pleased that the Affordable Care Act, with its aims to expand access to quality healthcare for all Americans, will continue to positively affect healthcare delivery in the United States. With increased access to care, and the development of enhanced quality measures, more seriously ill patients and families will receive the high quality, effective care they need to reduce suffering and live longer, healthier lives. This benefit is of the utmost importance to CAPC and the field of palliative care, as the patients we treat are the sickest, most vulnerable people in our nation’s healthcare system.
A 2009 article, Obamacare: Stimulus for estate abuse?, described how disgruntled family members, wannabe heirs or unscrupulous members of the legal industry will find Obamacare helpful with Involuntary Redistribution of Assets (IRA) actions in which probate venues or instruments like wills, trusts, guardianships and powers of attorney are used to divert assets from intended heirs or beneficiaries. Palliative care was also discussed:
Palliative care, a common end-of-life care component, is defined as any form of medical care or treatment that concentrates on reducing disease symptom severity rather than striving to halt, delay, or reverse progression of the disease itself or provide a cure. The goal is to prevent and relieve suffering and to improve quality of life for people facing serious, complex illness. While used with aggressive treatment, it is also a common alternative for patients who decline prolonged, expensive efforts. Performed under the guise of government-run health care, it’s likely to become a mandated, state-sponsored doping of sick Americans deemed unsuitable for proactive medical treatment.
Elder financial abuse is frequently termed the crime of the 21st century. Estate looting and other probate abuse often fall into this category. Estate disputes frequently include allegations of undue influence with the role of medication being a common point of contention. If palliative care becomes a major tool in the government’s arsenal of health care cost-cutting measures, predators will seize this opportunity.
These concerns are now bolstered as CNS News reports how the National Institutes of Health (NIH) is “soliciting applications for federal grants worth up to $275,000 to research ways to provide elderly patients with ‘palliative care’ – even in hospital emergency rooms and intensive care units.”
The article explains:
Palliative care is commonly understood to mean medical treatment that focuses on relieving symptoms, including pain, instead of trying to treat or cure the underlying disease.
But researchers will not be studying the use of palliative care to relieve the suffering of dying patients. “Hospice and end-of-life settings are not included within the scope” of the Funding Opportunity Announcement (FOA), the grant notices specifically state.
Instead, they will be looking at new ways to provide elderly patients with palliative care long before they are at death’s door.
The palliative care will be provided in “a variety of settings, including ambulatory care, hospitals (and specific sites within hospitals including specialty wards, intensive care units and emergency departments), assisted living facilities, and short- and long-term care facilities.”
The federal money will be used to “advance [the] science of geriatric palliative care… in settings and at time points earlier in geriatric patients’ diseases or disability trajectories,” according to the grant notices (PA-13-354, 355 & 356).
One of the grants is categorized under NIH’s R21 Exploratory/Developmental grants, defined on the agency’s website as “novel studies that break new ground or extend previous discoveries toward new directions or applications.”
“Isolate, medicate, steal the estate” is a phrase commonly associated with IRA acts. The medicate phase offers great opportunity for the use of undue influence that can lead to late-in-life and uncharacteristic estate plan changes. Abandoning proactive medical treatments to artificially incapacitate our seniors in the name of “palliative care” will aid unscrupulous individuals in estate hijacking pursuits. Similar concerns can be raised for the disabled or younger people with terminal illness or life-threatening injuries – especially individuals attached to a significant estate as legal settlements can provide.
The Obama administration and other congressional leaders claim this new system will be better for all Americans. The federal government wants us to trust it with a plan forcing a majority of Americans to forfeit a flawed, but functioning health care system in pursuit of a plan that already is driving up insurance costs, failing to attract the young, healthy people on who its premium structure is based and prompting a move of workers to the plan as employers drop increasingly-expensive coverage.
Estate abuse and probate corruption already threaten the property rights of Americans and their heirs’ or beneficiaries’ inheritance rights. Provisions of Obamacare – specifically doping rather than treating certain population segments – will add to the problem. People get upset when such acts impact their families, but are usually clueless and largely uncaring to these threats’ widespread nature as well as the predictability of more abusive actions that Obamacare with its expansion of palliative care measures can’t help but bring.
Routine treatment of estate thefts as civil rather than criminal matters has already provided growth opportunities for the legal industry in addition to generating incentives for others desiring to divert assets from intended heirs and beneficiaries. Increased numbers of heavily-medicated, especially

Monday, June 17, 2013

Elmer Cerano: Guardianship bills must be changed

Elmer Cerano: Guardianship bills must be changed

Jun. 11, 2013   |  
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“Death panels,” but this time a panel of one, again rears its ugly head supported by those who cautioned against it in the past.
Several bills are pending in the Michigan Legislature that, if passed, will expand the role and the authority of Michigan guardianship laws. The bills, as written, will allow guardians to invoke a “do not resuscitate” order for a certain group of individuals with disabilities who can not communicate their wishes. This is a very dangerous first step that will allow individual and corporate guardians the authority to prohibit resuscitation of people with disabilities. Here are the problems:
1. Some guardians, primarily court-appointed public guardians, have no prior knowledge of the individual or any type of substantial relationship with the incapacitated person. We do not believe that such a person should be allowed to make decisions of this magnitude on behalf of someone they hardly know.
2. These bills, as written, do not take into account the physical health status of the patient. As result, a perfectly healthy individual could be stripped of a long life due to the decision-making of a person who very well might be a stranger.
3. It allows guardians who may be inconvenienced by — or who may financially benefit from the patient’s death — to decide whether or not to resuscitate.
As an advocate for the rights of people with disabilities, I can envision a scenario where a person with disabilities, who has been determined to be in need of a guardian and is unable to communicate through conventional means, could fall ill due to a bacterial infection or some ailment like pneumonia (both not uncommon in a nursing home environment). Under the circumstance that these bills are passed, if such a person was to go into pulmonary and cardiac arrest as a result of the progression of what are treatable and temporary illnesses, the guardian could invoke a DNR order, ending the patient’s life far too soon.
Although I fully agree that people with or without disabilities should have the right to establish a DNR order for themselves, we can not allow other people or corporations, who stand to benefit from the patient’s demise to authorize such an order. To grant this authority to anyone, other than the patient him/herself, would resurface charges of the creation of “death panels,” but this time the panel may be a panel of one person — and that person could be a stranger.

Wednesday, June 5, 2013

What Say You, Kevin Moshier?

What Say You, Kevin Moshier?



Tragically, Gary Harvey of Horsehead, NY fell down the basement stairs
in January of 2006 and received a traumatic head injury. Since that
time, he has either been in a nursing home or in the hospital and is
under the guardianship of the county. Ironically, the county, who claims
to be looking out for their ward’s best interest, was involved in a
so-called ethics committee decision that Gary Harvey should be starved
and dehydrated to death. The judge over-ruled the call for execution of
an innocent man, though a DNR (Do Not Resuscitate) remains in effect.
Sara Harvey, Gary’s wife, is desperately fighting to keep her husband
safe. One can only wonder how much Gary knows of what is going on around
him. Does anyone in charge even care? * * *

Sara & Gary Harvey
Sara & Gary Harvey
The Gary Harvey case haunts me, Kevin Moshier.  Does it ever haunt you?  Do you ever wonder, as his court appointed attorney and simply as a human being, if Gary actually knows what is going on around him, but merely can’t let others know? What if he does, Kevin? What if he knows everything that has been said to him or around him? What if he feels everything? What if he feels desperation when his needs aren’t adequately met and when he has to fight still another infection? What if he feels the isolation and misses the once frequent visits of the wife he so loves? What if… Kevin Moshier?… what if he is actually a human being, who once laughed and planned and thought tomorrow would be one day closer to his future plans and dreams? What if he still isn’t done hoping for a better tomorrow? What if he needs your help, Kevin? Will you help him? What if you don’t? What if you don’t, Kevin Moshier? What if you leave him to fight alone? Will his tomorrows then forever end?