Medical Advance Directives

             Medical Advance Directives.

            One often overlooked area of planning is that of advance medical planning.   These are documents in which you can express your wishes to your family and medical care givers.   The following are typical:

Medical Durable Power of Attorney.  This document appoints an agent to make medical decisions for you in the event you lack legal capacity to express your desires.  Typically, a person appoints his or her spouse or adult child.  This document usually has a very broad grant of authority.  The agent gains the authority only after the principal has lost legal capacity.  This document can be drafted with “customized” limitations to the agent’s authority.

Declaration as to Medical Treatment (Living Will).  This document provides in advance for the cessation of active medical treatment for a person when certain specific conditions are met.  A person must have an irreversible or terminal condition and be in a persistent vegetative state in order for this directive to be effective.  These conditions must be certified by two physicians.   Upon satisfaction of those conditions, the living will directs that further medical procedures cease.

HIPPA Release.  This document is effective immediately and grants a spouse or other trusted person access to medical records.

Medical Order for Scope of Treatment (MOST).   This document must be prepared with the assistance of a physician, advanced practice nurse or physician assistant.  This is normally used at a stage of life when further treatment may not be desired.  It can include “do not resuscitate” orders. 

Other Directives.   You may see other documents such as the “Five Wishes” or similar documents.  These often contain simplified versions of the directives described above, along with other instructions.

Submitted by Rich Arnold Copyright 2012

Work on Federally-Own Projects - Summary of Payment Remedy under the Miller Act

WORK ON FEDERALLY-OWNED PROJECTS.

            Miller Act Remedies.  On federally-owned projects, Miller Act bonds are usually required to be filed with the Contracting department of the government.  Procedures under the Miller Act require that the claimant who DOES NOT have a direct contract with the contractor who furnished the bond, give written notice to the prime contractor by certified or registered mail within ninety (90) days from the date that labor, materials or equipment were last furnished.  The right to recover under the Miller Act is lost if the required notice is not given.  It should be noted that other jurisdictions have expressly ruled that giving written notice “requires receipt of the notice by the contractor.”  This means that the notice should be received by the contractor prior to the ninety days, regardless of whether it was sent by registered mail or not.  This issue has not been ruled on in Colorado or in the 10^th Circuit, but it is good practice to follow this rule.  See, Pepper Burns Insulation, Inc. v. Artco Corp., 970 F.2d 1340, 1343 (C.A.4 (N.C.),1992); U.S. for Use and Ben. of B & R, Inc. v. Donald Lane Const., 19 F.Supp.2d 217, 226 (D.Del.,1998). Only those who have not contracted directly with the contractor providing the bond need give the Miller Act notice.  Interest can also be recovered on the bond from the contractor and surety. U.S. for the Use of C.J.C., Inc. v. Western States Mechanical Contractors, Inc., 834 F.2d 1533 (10^th Cir. 1987).

            Parties who have a contract directly with the general contractor as well as subcontractors and suppliers who have given timely notice by certified or registered mail must commence suit on the Miller Act bond in Federal Court.  The suit must be commenced within one (1) year after the date that labor, materials or equipment were last furnished.

Submitted by Jean C. Arnold, Esq.