Power Of Attorney Research Articles

When the Physician Becomes the Caregiver: A Review for Physicians Caring for Their Elder Relatives.

When the Physician Becomes the Caregiver: A Review for Physicians Caring for Their Elder Relatives.

The Right to Choose

The Right to Choose

Divorce through Power of Attorney

The Hindu Marriage Act, 1955 (HMA in short) contains two specific provisions which deals with divorce between two adults, Section (13) which talks about “Divorce” or in common words “Contested Divorce” and Section 13(B) which deals with “Divorce with Mutual Consent”. Though the nature of petition, requirement of proof, time frame prescribed, and manner of conducting proceedings in both class of cases are different but a common question arises that whether parties are entitled to initiate and continue such proceedings through an appointed “Authorized Person/Power of Attorney Holder (POA in short)” duly appointed in terms of Section 2 of “Power of Attorney Act, 1882 as prescribed under Order 3 Rule (1) & (2) of code of Civil Procedure Code, 1908 like any other civil litigation, or parties to divorce proceedings are duty bound to appear in person to file, contest, make statement, lead evidence and settle their dispute without any right to be represented by their representative like family members, close friends, well-wishers or any other person/agent who holds Power of Attorney to act on their behalf.

Szczególni pełnomocnicy spółek kapitałowych w sporach ze spółką

<p>The study provides an analysis of the status of representatives in disputes with the company and, consequently, of the rules of representation in those disputes. The research problem addressed herein is based on the analysis of Article 210 § 1 and Article 253 of the Polish Code of Commercial Partnerships and Companies (CCPC). These rules govern issues related to the occurrence of disputes with the company and, in particular, the problem of the participation of the company’s representatives in those disputes. It should be clear that power of attorney plays a special role in the regulation of the Code of Commercial Partnerships and Companies. It is also widely applicable not only in the classic representation of entities or persons within the company, but also of the company itself. A representative is granted a special status due to the transactions in which he participates. One should also keep in mind the situations where a representative represents the company in classical activities besides Articles 210 or 253 CCPC. In that case, the representative’s authorisation is “activated” by the body usually having the power to do so (the management board) or by other representatives (statutory representatives or representatives appointed under a power of attorney, if the conditions laid down in Article 106 of the Polish Civil Code are met). Another situation is when they are appointed by a meeting of shareholders or partners (Articles 210 and 253 CCPC). Another feature of the special power of attorney is the use of it in disputes and not in legal transactions. It can therefore be concluded that the use of the word “representative” in the context of the provisions of the Polish Code of Commercial Partnerships and Companies may be of particular importance.</p>

Foreign powers of attorney relating to real estate – the issue of the probative value of a document and the effectiveness of a legal act from the perspective of the land and mortgage registry court

The role of foreign powers of attorney in contemporary legal and economic transactions is constantly growing. This is due to the widespread labour migration and, paradoxically, in the last year, also with difficulties in cross-border movement during the COVID-19 pandemic. In judiciary and notarial practice, the assessment of foreign documents, including powers of attorney, is a threestage process. Firstly, the court should pay attention to the probative value of a foreign document. In principle, it is equal to the probative value of a national document (Article 1138 of the Code of Civil Procedure). Only certain categories of documents require consular legalization. It is used when there is no bilateral agreement eliminating or reducing this requirement with the country where the document has been issued. In the case of many countries, legalization was replaced by the apostille clause provided for in the 1965 Hague Convention. Secondly, the court should analyse the formal effectiveness of the legal act, taking into account the principles derived from Article 25 of the 2011 Private International Law Act and, in some cases, bilateral agreements. Last but not least, thirdly, the court should examine the material effectiveness of the act. The governing law of the power of attorney may, pursuant to Article 23 of the Private International Law Act, be subject to the choice of law rule. This text is a guide for courts on how to deal with foreign powers of attorney in land and mortgage registry proceedings.

Analisis Keabsahan Kuasa Hukum Non Muslim: Studi Kasus Perceraian di Pengadilan Agama Bandung

Lack of public understanding of how to proceed in court is an opportunity for advocates as legal advisors. This study aims to determine the role of non-Muslim advocates who handle divorce cases at the Bandung City Religious Court. Research with this qualitative method by conducting observations, collecting data and information about advocates who have proceedings in the Religious Courts. The results of this study indicate that non-Muslim advocates in handling divorce cases at the Bandung Religious Court have limited roles, not all things can be done by non-Muslim advocates when the advocate is running a divorce case even though the advocate already has a power of attorney.

Developing an applied model for making decisions towards the end of life about care for someone with dementia.

Many people with dementia reach the end-of-life without an advance care plan. Many are not ready to have conversations about end-of-life, and decision-making is left to their families and professionals when they no longer have capacity. Carers may benefit from further support with decision-making. To develop this support, it is important to understand the decision-making process. Explore with family carers and people living with dementia the decision-making process and factors that influence decision-making in dementia end of life care, to produce a model of decision-making in the context of dementia end-of-life care. Semi-structured interviews with 21 family carers and 11 people with dementia in England (2018-2019) from memory clinics, general practice and carer organisations. Interviews were analysed using thematic analysis and findings were mapped onto the Interprofessional Shared Decision Making model, refined to produce a modified model of decision-making in dementia. Participants described five key decisions towards the end-of-life as examples of decision making. We used these experiences to produce a modified model of decision-making in dementia end-of-life-care. The model considers the contextual factors that influence the decision-making process, including: personal preferences; advance care planning and Lasting Power of Attorney; capacity and health and wellbeing of the person with dementia; support from others and clarity of roles. The decision-making process consists of seven inter-linked stages: 1) identifying the decision maker or team; 2) sharing and exchanging information; 3) clarifying values and preferences; 4) managing and considering emotions; 5) considering the feasibility of options; 6) balancing preferred choice and the actual choice; and 7) implementation and reflecting on outcomes. The modified model breaks down the decision-making process and attempts to simplify the process while capturing the subtle nuances of decision making. It provides a framework for conversations and supporting decisions by carers.

IMPLEMENTATION OF MUDHARABAH CONTRACT ON CIAMIS PRUDENTIAL SHARIA INSURANCE PRODUCTS

This research is motivated by the provisions of the DSN-MUI Fatwa Guideline Number 21/DSN-MUI/IV/2001, which states that a mudharabah contract can be converted into a tabarru contract, but a tabarru contract cannot be converted into a mudharabah contract. The purpose of this study was to determine the mudharabah contract in Pru Taqwa Prudential Syari’ah Ciamis insurance. This study also aims to determine the tabarru’ contract on Pru Taqwa Prudential Syari’ah Ciamis insurance, as well as to determine the implementation of the mudharabah and tabarru’ contracts on Pru Taqwa Prudential Syari’ah Ciamis insurance. The type of research used is field qualitative with descriptive analysis method. This study uses primary and secondary data sources. The results show (1) the mudharabah contract at Pru Taqwa Prudential Syari’ah Ciamis, namely where the insurance participant/insured is domiciled as shahibul maal and the Pru Taqwa Prudential Syari’ah company is the mudharib/manager. Where participants leave contributions (premium payments) to companies which will then be managed in the form of investments in halal companies that have been approved by the Indonesian Ulema Council. (2) The tabarru’ contract at Pru Taqwa Prudential Syari’ah Ciamis is a contract that changes the contract where the participant becomes a risk bearer other than the company. The company is only a manager/operator. The manager is not entitled to use the tabarru’ funds if there is no power of attorney from the insurance participant to avoid maisyir, gharar and usury. (3) The implementation of the mudharabah and tabarru’ contracts on Pru Taqwa Prudential Syari’ah Ciamis is in accordance with existing provisions, namely based on the DSN-MUI Fatwa Number 21/DSN-MUI/IV/2001 concerning General Guidelines for Sharia Insurance, namely the mudharabah contract which can be converted into a tabarru’ contract and a tabarru’ contract cannot be converted into a mudharabah contract.

Mortality After Elective Surgery: The Potential Role for Preoperative Palliative Care

BackgroundPreoperative optimization is increasingly emphasized for high-risk surgical patients. One critical component of this includes preoperative advanced care planning to promote goal-concordant care. We aimed to define a subset of patients that might benefit from preoperative palliative care consult for advanced care planning. Materials and methodsWe examined adult patients admitted from January 2016 to December 2018 to a university health system for elective surgery. Multivariate logistic regression was used to identify variables associated with death within 1 y, and presence of palliative care consults preoperatively. Chi-square analysis evaluated the impact of a palliative care consult on advanced care planning variables. ResultsOf the 29,132 inpatient elective procedures performed, there was a 2.0% mortality rate at 6 mo and 3.5% at 1 y. Those who died were more likely to be older, male, underweight (BMI <18), or have undergone an otolaryngology, neurosurgery or thoracic procedure type (all P-values < 0.05). At the time of admission, 29% had an advance directive, 90% had a documented code status, and 0.3% had a preoperative palliative care consult. Patients were more likely to have an advanced directive, a power of attorney, a documented code status, and have a do not resuscitate order if they had a palliative care consult (all P-values <0.05). The mortality rates and preoperative palliative care rates per procedure type did not follow similar trends. ConclusionsPreoperative palliative care consultation before elective admissions for surgery had a significant impact on advanced care planning.

ANALISIS YURIDIS AKIBAT HUKUM MUSNAHNYA OBJEK JAMINAN FIDUSIA DALAM PERJANJIAN PEMBIAYAAN KONSUMEN (STUDI DI PT.WOM FINANCE, Tbk )

PT. WOM Finance, Tbk. is one of the companies operating in motorcycle financing. PT. WOM Finance, Tbk. cannot be separated from debtor’s/consumer’s default or the disappearance of motorcycles/security object. It copes with the risk by making a financing agreement consisting of primary agreement and the other supporting agreement such as loan agreement, fiduciary agreement, power of attorney and insurance. The objective of this research is to discover the mechanism of consumer finance, debtor’s liability for default, and legal protection for creditor in case of disappearance of fiduciary security object in which the debtor has defaulted earlier.This is an analytical prescriptive research with normative juridical method. It is conducted by studying references or secondary data including legal norms in the prevailing laws and regulation or documents related to the juridical consequences i.e. disappearance of security object in consumer finance agreement in PT. WOM Finance, Tbk. in order to answer the research problems.The results of the research discover the finance mechanism in PT.WOM Finance, Tbk. in general, the financing starts from an application and ends with the execution of the agreement. The defaults performed by a debtor causes legal consequences for the debtor themselves. In case the fiduciary security object disappears when the debtor has defaulted earlier, the creditor does not only obtain legal protection from the Consumer Finance Agreement, but it also gains the protection from Insurance Agreement.

Abstract No. 190 Fibrin sheath stripping of pediatric chest port catheters

This retrospective analysis describes the role, technique, and outcomes of fibrin sheath stripping of pediatric chest port catheters recently performed at our institution. This study was a retrospective case series of pediatric fibrin sheath stripping at the University of Iowa Hospitals and Clinics with approval from our IRB. Patients with chest ports and clinical and/or imaging diagnosis of fibrin sheath between January 2019 and June 2020 were included in the study after failed fibrinolytic instillation necessitating fibrin sheath stripping. A total of nine patients ranging from 3 years 5 months to 13 years 9 months in age at the time of the procedure were included. Fibrin sheath stripping was performed on an outpatient basis after informed consent was obtained by the parent/durable power of attorney. Patients were induced under general anesthesia and the chest and groin were prepped and draped. A venogram was performed through the chest port to identify the presence of fibrin sheath, and port aspiration was attempted. The right groin was accessed under ultrasound guidance using a micropuncture kit and the Seldinger technique, and a 4F sheath was placed. A 5 to 10mm × 120cm Gooseneck snare was used to perform fibrin sheath stripping under direct fluoroscopic visualization. Once aspiration was performed and normal flow was demonstrated on repeat venogram the procedure was terminated. Our primary endpoints were technical success rate and added days of catheter patency. Our secondary endpoints were procedural complication rates, total fluoroscopic time, and total fluoroscopic dose. Follow-up was performed from the time of the initial procedure until the time of submission of this abstract. All procedures attempted were technically successful. There was an average of 348 days of added catheter patency. One patient had early recurrence of fibrin sheath at 186 days post procedure which was treated with repeated stripping, otherwise no procedural complications were observed. Total fluoroscopic time averaged 20 mins and total fluoroscopic dose averaged 33 mGy. Our total days of added catheter patency averaged 348 days compared to a median of 280 days of median chest port. One case of early recurrence of fibrin sheath was potentially due to incomplete stripping. Our results are biased by short follow-up interval due to multiple recently performed procedures; however, this should only continue to add to added days of catheter patency.

Jurisprudential justification of divorce after resolving marriage (Tahlil Nikah)

Marriage is the foundation of the family and the family is the foundation on which society is based.Marriage has been instituted by the Holy Shari'a for the Legitimacyof and enjoyment of each man and woman.Marriage is a marriage whose purpose is the interest of marriage and the permanence and continuity of married life.One of the laws of Islam, which is legislated to prevent repeated divorces by men and women to be harmed, is the marriage of analysis. The man has no right to remarry or marry his wife after the third divorce, unless the woman marries another man and, after intimacy, there is a separation between them.Permission to marry with the first spouse is achieved only after the correct marriage with the other man and the occurrence of a marital relationship. The condition of the wife's power of attorney in divorce. One of the requirements for the validity of the conditions in the contract is that the condition does not contradict the requirements of the nature of the contract. In the present study, the mentioned cases have been explained and analyzed by the method of document-library collection and the type of descriptive-analytical research.

Stay Current Through Recertification

Stay Current Through Recertification

569 Surrogate Decision Making: Who Has the Ultimate Say in Patient Care?

Abstract Introduction Burn patients may present with an inability to communicate. In these cases, we need to rely on surrogates such as the Medical Power of Attorney (MPoA) or next of kin. A MPoA gives the agent the authority to participate in medical decision and in accordance with their wishes. The agent may consent to, refuse, withdraw, or withhold treatment, including life-sustaining interventions. At times, they may feel unable to participate in decision making without assistance (i.e. family members). The process can become more complicated and decision making can become “muddied” due to others influencing decisions. In our state, the MPoA is the proxy if the patient is unable to participate in decision making; however, there are cases when the patient doesn’t have an MPoA and the next of kin is the surrogate. In these cases, the next of kin would be consulted in the following order: spouse, adult children, parents, and nearest relatives. Some next of kin may not know the patient’s wishes complicating their care. Methods Two cases involving surrogates: #1: 60-year-old man with a history of HIV involved in a MVC and sustained 30% TBSA third and fourth degree burns to the face, torso, and extremities. The severity of his injuries and outcomes were discussed with his wife. She was not certain what her would want and she consulted her family because she did not know what to do; however, she knew that he would not want to live like this. After talking to the family, the kids “over-ruled” her. They wanted aggressive care despite the risks of complications and inability to perform ADLs because of his severe facial and hand burns. Case#2: 40 something year-old man with a history of schizophrenia that sustained 65% TBSA third and fourth degree burns to his face, neck, torso, and extremities due to self-immolation. The patient’s mother was identified, and it was explained to the patient’s mother that if he did survive his injury, he will not be able to perform any of his ADLs due his hand and facial burns. The patient’s mother wanted everything done for her son. Results Both patients were unable to perform ADLs due to their injuries. One patient was discharged for further inpatient care and the other was discharged home because his mother refused further care. The first patient was unable to communicate about his thoughts on his outcome. The other patient was discharged home. He was upset about what he looked like. He also told the staff that he will do his best to finish what he started. Conclusions Complex issues can arise when the patient cannot communicate their wishes and the next of kin plays the role of surrogate. The family may disagree and alter the decision-making process. After seeing this scenario play out and patients not being happy about their outcomes, the policies regarding surrogate decision making should be re-evaluated.

Penomoran dan Penanggalan Akta Notaris Berdasarkan Putusan Pengadilan (Analisis Putusan PN Denpasar Nomor 530/Pdt. G/2016/PN. Dps.)

The Denpasar District Court (PN) in its decision Number 530 / Pdt.G / 2016 / PN.Dps stated that it has punished the Notary to immediately give the number and date to the Sale and Purchase Binding Agreement Deed and the Power of Attorney. This is interesting and important to examine in this research in relation to the basis of authority and the method of assigning the number and date of the deed signed by the parties before the notary after the Denpasar District Court decision. This normative legal research aims to examine the contents of a positive legal level, concerning the Numbering and Dating of Notary Deeds, using primary, secondary and tertiary legal materials, while the analysis method uses grammatical and systematic interpretation. The results showed that the basic authority of the Denpasar District Court to decide disputes regarding the numbering and dating of notary deeds, namely Article 130 HIR / 154 Rbg, Article 1851 of the Civil Code, Law of the Republic of Indonesia Number 48 of 2009, Perma RI Number 1 of 2016, and the principle of ius curia novit. In connection with the numbering and dating of the Notary deed, it can be done based on the provisions of the UUJNP and refers to the Denpasar District Court decision.

Qualitative investigation of patient and carer experiences of everyday legal needs towards end of life

BackgroundLegal issues are common in chronic illness. These include matters of daily life, such as problems with employment, finances and housing, where rights or entitlements are prescribed by law. They also include planning ahead, for example, making a Lasting Power of Attorney. However, the nature, impact and management of legal needs in the context of end of life care are not known. This study investigated these from the perspectives of patients and carers.MethodsPatients, with estimated prognosis 12 months or less, and carers were recruited from two sites: day services within an urban hospice and primary care in an area of deprivation in North-East England. Semi-structured interviews explored the nature and impact of legal issues, access to appropriate support and unmet needs. Thematic analysis of data was undertaken.ResultsTwenty-seven interviews were conducted with 14 patients (10/14 hospice) and 13 carers (7/13 hospice). Five were patient-carer dyads. All participants had experienced problems raising legal issues, which generated significant practical and psychological challenges. All had struggled to access support for social welfare legal issues, describing not knowing what, who, or when to ask for help. All participants accessed some support, however routes, timing and issues addressed were variable. Facilitators included serendipitous triggers and informed healthcare professionals who offered support directly, or signposted elsewhere. A range of professionals and organisations provided support; resolution of issues conferred substantial benefit. The majority of participants identified unresolved legal issues, predominantly related to planning ahead. The challenge of facing increased dependency and death proved a key barrier to this; informed and compassionate healthcare professionals were important enablers.ConclusionEveryday legal needs are a common and distressing consequence of life-limiting illness, affecting patients and carers alike. This study identified inconsistent approaches but practical and psychological benefit when needs were met. Healthcare professionals were central to meeting social welfare legal needs and facilitating effective planning, with important roles as ‘critical noticers’, trusted intermediaries and compassionate communicators. Increased awareness, clearer pathways to support and closer service integration are needed to meet legal needs as a component of holistic care.

Participation in future planning by community-dwelling older Australians receiving aged care services: Findings from a cross-sectional survey.

To determine in a sample of older community-dwelling adults: (1) the proportion who have engaged in medical and financial planning; (2) the factors associated with advance care directive (ACD) completion and substitute decision maker (SDM) appointment; and (3) for those without an ACD, what might prompt completion. A cross-sectional survey was undertaken with individuals receiving community aged care services in metropolitan and regional communities. Data collection was conducted by case managers during a home visit. Overall, 158 individuals (M=78years, SD=8.7) participated (53.5% consent rate). Financial planning participation (will=85%; enduring power of attorney=66%) was higher than medical planning participation (SDM: 54%; ACD: 30%). No health status factors were significantly associated with ACD completion or SDM appointment. Diagnosis of a life-limiting illness was most likely to prompt ACD completion (77.6%). One third of older people residing in the community have completed an ACD. Strategies to improve uptake in this vulnerable population require further exploration.

Intertextuality in Legislative and Private Legal Texts

Intertextuality has always been examined narrowly in the legal sphere despite its paramount significance to the legal translation analysis and pedagogy. For quite some time, the notion of intertextuality was deemed as a literary tool that contributed significantly to the literary works of infamous authors, novelists and poets. Post to a wealth of research to substantiate the omnipresence of intertextuality in other disciplines in general and in legal texts in particular, findings have restricted the notion of intertextuality to quite few phenomena such as citation, cross references, legal judgments, quotations and assimilation. This study, on the other hand, is an attempt to bring other implicit forms of intertextuality in legal written texts to light, through providing evidence-based generalizations about the different forms of intertextuality that are, deliberately or inadvertently, omnipresent in legislative and private legal texts. The notion of intertextuality was broadened to include recurrent legal terminologies and salient syntactic features in contractual agreements. The rhetorical organization of several legislative texts, such as UAE Decree, UAE labor law and an executive order originated from the USA was also closely examined to establish the notion of intertextuality in the structure of such texts. The results revealed that contractual agreements share similar templates and rhetorical organization, and the same holds true for legislative texts. A set of legal terminologies were found to be commonly utilized in lease agreements, employment agreements and Power of attorneys despite their different origins. Finally, the uses of a number of syntactic features were rather remarkable in contractual agreements, such as the abundant use of modal verbs to express obligation and imply futurity.

THE SHIFT OF NON-PROFIT CONTRACT TO BUSINESS CONTRACT IN THE ISLAMIC FINANCIAL INSTITUTION BUSINESS ACTIVITIES

This article examines the shift of contract objectives from what originally set for non-profit objectives to business ones. Such shift is found in the three contracts; wakalah (power of attorney), hawalah (underground banking), and kafalah (guarantee). Referring to their uses in several Islamic financial products in Indonesia and comparing to the sharia resolution of Sharia Authority Council Malaysia and Islamic law (fiqh), the majority of these contracts is proven to apply fees (ujrah) and used both independently and in combination with other contracts. Here, the fees are mostly applied in the Islamic financial institutions, but unfortunately the customers who are involved in the contracts get less. This, in turn, affects and changes the contract classification which originally included the three in the non-profit contract and eventually turns them into the business contract. If the contracts are set for business objectives, they are then considered as service/lease based contracts (ijarah). In the construction of a real agreement (contract), this shift has implications on changes in the rights and responsibilities of the parties involved and can raise a dispute cause of misunderstanding of the status of the contract as voluntary (tabarru’) or business (tijari).

Analysis of Libles Obscuur in Civil Suits in Medan State Court

The research study about first to find out the reasons for the judge declaring a lawsuit unclear or obscure (obscuur libel) and second is to find out the consequences of an unclear or obscure lawsuit (obscuur libel). In this study using qualitative data analysis. The approach method in this research is to use a normative juridical approach, namely an approach that is carried out by collecting secondary data.The results of this study were (1) The reason the judge stated that a lawsuit was unclear or obscure (obscuur libel) were nine factors that caused the claim submitted by the plaintiff to be unacceptable. The nine factors are: (a) The identity of the parties (Plaintiff and Defendant). (b) The object of the lawsuit being litigated is unclear. (c) Petitum lawsuit exceeds the claim posita. (d) Power of attorney does not meet the requirements. (e) The lawsuit is filed by an underage / incapable person. (f) Claims are not filed on time. (g) Incomplete parties. (h) The court is not competent to hear the claim that is submitted. (i) The grounds of the plaintiff's rights are not clear. (2) As a result of a lawsuit is unclear or obscure (obscuur libel), then the person concerned does not accept such a decision, because the decision does not give satisfaction to what he wants from the claim as stated in the lawsuit. Because the verdict cannot be accepted in practice in the District Court based on the consideration that the plaintiff's claim is unacceptable, in fact it is a consideration regarding the subject matter of the case, namely whether the plaintiff is the owner or entitled to the suspect land, it is more appropriate to declare the claim rejected. Therefore, the plaintiff's unclear rights to the object of the lawsuit in dispute are not appropriate to be used as legal considerations to declare the claim unacceptable.