In California, same-sex couples can benefit from all of the legal rights and protections that the state offers to married couples. As a result, many same-sex couples in California believe that the creation of a prenuptial agreement involves generally the same issues and considerations as it would for any other couple.
But there are many critical reasons that same-sex couples – even those without children – should take the time to consult with a family law attorney before the marriage. In a national context, married same-sex couples still face a number of legal complexities that other married couples do not face. Carefully-drafted premarital agreements can help guard against those complexities.
Many U.S. states still do not recognize same-sex marriage. And just one of those states, Missouri, recognizes same-sex marriages legally performed in other states* (*as of the time that this article was written). The other states that do not recognize same-sex marriage also refuse to recognize many of the legal rights of married same-sex couples, including the right to divorce.
Same-sex couples married in California may obtain a divorce from the California courts if they reside in a state that does not recognize same-sex marriage. But the enforcement of a prenuptial agreement for same-sex couples residing in those states can be problematic, especially if the enforceability of the agreement rests on the recognition of a marriage or a divorce.
Fortunately, this issue can be put to rest at the outset through an alternate method of drafting the premarital agreement. The American Bar Association (ABA) recommends that the agreement be drafted as a contract that is enforceable regardless of whether the marriage is recognized or not. The result would be a contract recognized in all fifty states. This alternative way of drafting a prenuptial agreement should be discussed with a family law attorney experienced in addressing legal issues facing same-sex couples.
Same-sex couples who have children or who are planning a family should also consult an attorney prior to the marriage in order to understand how the family can be protected through provisions in the prenuptial agreement in case the family moves or travels extensively out-of-state.
Same-sex couples may also want to take the time to create additional legal protections before the marriage, beyond the prenuptial agreement. The creation of a health care proxy may be especially important for same-sex couples, as the ABA also notes. A married same-sex couple traveling to or residing in a state that does not recognize the marriage may face difficulties in a medical emergency – family visitation rights and decision-making rights may not be afforded to the spouse by hospital staff. A pre-existing health care proxy may help afford many of these rights.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
I am not a fan of do-it-yourself planning, but the ABA has a good resources called the Consumer’s Tool Kit for Health Care Advance Planning that might be worth a look.
According to the ABA site, studies have show that standard advanced directive forms do little to influence end-of-life decisions without informed and thoughtful reflection on your wishes and values plus person communication between you and your likely decision makers before a crisis occurs.
That’s where the tool-kit comes in. To try to make those decisions and communication with your named agents, a bit easier.
Why is A Medical Power of Attorney Important?
Good advanced planning for health care is about values, priorities and the qualify of one’s life. A Medical Power of Attorney (Patient Advocate Designation in Michigan) is literally about life and death.
However, just having a Medical Power of Attorney/Patient Advocate Destination isn’t enough. You need to have conversations with the people you’ve appointed to serve as patient advocate or medical power of attorney.
Medical Power of Attorney in Michigan
In Michigan, we have a Medical Power of Attorney law that allows clients to create a Patient Advocate Designation. This is Michigan’s form of living will and medical power of attorney. Michigan does not have a statute defining what a living will is, but we do have case law (Miller) on how an individual needs to make “clear and convincing” evidence of what their end of life decisions are. We include this evidence in a Michigan Medical Power of Attorney, i.e. Patient Advocate Designation.
Health Care Power of Attorney “Tools” for Medical Advanced Planning
Below you’ll see tools listed from the ABA website to assist with the decisions around a medical power of attorney. I am not saying you should utilize or rely on these tools, take them for what they’re worth. But here they are:
- Tool #1
How to Select Your Health Care Agent or Proxy - Tool #2
Are Some Conditions Worse than Death? - Tool #3
How Do You Weigh Odds of Survival? - Tool #4
Personal Priorities and Spiritual Values Important to Your Medical Decisions - Tool #5
After Death Decisions to Think About Now - Tool #6
Conversation Scripts: Getting Past the Resistance - Tool #7
The Proxy Quiz for Family & Physician - Tool #8
What to Do After Signing Your Health Care Advance Directive - Tool #9
Guide for Health Care Proxies - Tool #10
Resources: Advance Planning for Health Care (updated April ’14)
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By: Giulia Frasca, Esq., Littman Krooks LLP
There are an estimated two million people with Autism Spectrum Disorders in the United States. Over 500,000 of those diagnosed are children. The incidence rate of Autism increased to one in 68 children. There is a five-to-one prevalence of Autism in boys over girls so that the incidence rate of Autism for boys is one in every 54 boys. E ach child diagnosed with Autism and each case of Autism is unique such that there is not one particular treatment, program, or methodology that will work for all children diagnosed with Autism. Recently, an article published in the New York Times titled “Reaching My Autistic Son Through Disney” by Ron Suskind discussed how watching Disney movies and relating to the characters in those movies helped one child diagnosed with Autism break through and communicate verbally, in writing and through art with other members of his family.
Today, school districts use several different, innovative methodologies for teaching children with Autism. Most schools teach children with Autism using Applied Behavioral Analysis (ABA), which has been proven to work for children with the most severe cases of Autism. ABA focuses on changing the environment around the child in order to help the child achieve a task rather than simply telling the child what to do. ABA aims to build a direct relationship between desirable outcomes and the environment the child is in.
Another methodology called Naturalistic Teaching Strategies involves creating an environment in which children are motivated to communicate a specific need or want by, for example, placing a favorite toy on a shelf, out of reach so that the child will be motivated to ask for it. Children with more advanced language skills will be prompted to ask a question or speak a full sentence.
Yet another, newer methodology, Social Communication, Emotional Regulation and Transactional Support (SCERTS) combines several different treatments and identifies and builds on a student’s strengths, then creates strategies to improve the student’s weaknesses.
Autism Spectrum Disorder teaching methodologies are constantly evolving in order to address the broad spectrum of needs and the different ways in which children develop. Littman Krooks LLP’s special education attorneys strive to keep abreast of new developments in these areas in order to be the strongest advocates for families with children with Autism Spectrum Disorders.
The seventh annual World Autism Awareness Day is Tuesday, April 2, 2014. Learn more about events in your area by visiting the Autism Speaks website or visit our blog at: http://www.littmankrooks.com/blog/ Was this article of interest to you? If so, please LIKE our Facebook Page by clicking here.
On January 10th, Governor Cuomo signed into law a bill which establishes a new state license for providers of applied behavior analysis (ABA) services to individuals with autism. ABA represents the leading evidence-based therapy for individuals with autism and other developmental disabilities. ABA, usually a one-on-one treatment method, focuses on assessing the environmental influences on behavior, assessment-based intervention, and data-based decision making. The new law will help individuals and families find quality ABA providers who have met stringent academic and training requirements, while also ensuring state regulation and continuing oversight of these providers.
The new law creates a new state license for behavior analysts (with at least a master’s degree) and a new state certification for behavior analyst assistants (with at least a 4-year college degree), with a protected scope of practice. According to the New York State Association for Behavior Analysis there will be two different processes. The first process, which will be available from January 10th, 2014 to January 10th, 2016, allows an individual who is certified by the Behavior Analyst Certification Board (BACB) to become licensed or certified (assistants) if they fill out and satisfy the character and fitness requirement and pay the fee ($200 license; and $170 certification). Second, the regular licensure process begins on July 1, 2014 and is available for anyone who does not have BACB certification. However, if an individual obtains BACB certification after July 1, 2014, they can still apply through the shorter process which will be open until January 10th, 2016. The law goes into effect on July 1, 2014, except that individuals who are certified by the BACB will be allowed to apply immediately to the New York State Education Department for licensure or certification, provided they satisfactorily fulfill the character and fitness requirement and pay the required fee.
The new law represents an effort to reduce the out-of-pocket expenses paid by the families of those with autism. The law builds upon New York’s insurance reform legislation, passed in November 2012, which requires state-regulated health plans to cover ABA. The insurance reform legislation required that ABA practitioners obtain a state license in order to qualify for insurance reimbursement. Because New York has no ABA license, the requirement effectively blocked the ability of many families to use their new insurance coverage. The new law (S.4862) now supplements the insurance reform regulation by providing for the state licensing process.
For more information, visit our website, www.specialneedsnewyork.com.
by Marion Walsh, Esq.
On January 10th, Governor Cuomo signed into law a bill which establishes a new state license for providers of applied behavior analysis (ABA) services to individuals with autism. ABA represents the leading evidence-based therapy for individuals with autism and other developmental disabilities. ABA, usually a one-on-one treatment method, focuses on assessing the environmental influences on behavior, assessment-based intervention, and data-based decision making. The new law will help individuals and families find quality ABA providers who have met stringent academic and training requirements, while also ensuring state regulation and continuing oversight of these providers.
The new law creates a new state license for behavior analysts (with at least a master’s degree) and a new state certification for behavior analyst assistants (with at least a 4-year college degree), with a protected scope of practice. According to the New York State Association for Behavior Analysis there will be two different processes. The first process, which will be available from January 10th, 2014 to January 10th, 2016, allows an individual who is certified by the Behavior Analyst Certification Board (BACB) to become licensed or certified (assistants) if they fill out and satisfy the character and fitness requirement and pay the fee ($200 license; and $170 certification). Second, the regular licensure process begins on July 1, 2014 and is available for anyone who does not have BACB certification. However, if an individual obtains BACB certification after July 1, 2014, they can still apply through the shorter process which will be open until January 10th, 2016. The law goes into effect on July 1, 2014, except that individuals who are certified by the BACB will be allowed to apply immediately to the New York State Education Department for licensure or certification, provided they satisfactorily fulfill the character and fitness requirement and pay the required fee.
The new law represents an effort to reduce the out-of-pocket expenses paid by the families of those with autism. The law builds upon New York’s insurance reform legislation, passed in November 2012, which requires state-regulated health plans to cover ABA. The insurance reform legislation required that ABA practitioners obtain a state license in order to qualify for insurance reimbursement. Because New York has no ABA license, the requirement effectively blocked the ability of many families to use their new insurance coverage. The new law (S.4862) now supplements the insurance reform regulation by providing for the state licensing process.
For more information, visit our website, www.specialneedsnewyork.com.
