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No Mayo, Please

Alyssa Gilderhus was 18 years old when she suffered a ruptured aneurysm. She was given a 2% chance of survival when she arrived at the Mayo Clinic. Miraculously, she survived and was transferred to the Mayo’s rehab section. Her mother soon became disenchanted with her care and requested that various personnel not attend to her daughter while voicing her displeasure on Facebook posts in all caps. She eventually asked for a transfer to a different hospital.

The Mayo Clinic refused the transfer request alleging that Alyssa could not make decisions for herself. The hospital also sought guardianship of the patient. Frustrated, Alyssa’s family engaged in a cloak and dagger move with Alyssa escaping the hospital and fleeing Minnesota so she could not be returned to the hospital.

A South Dakota hospital saw Alyssa and prescribed medication and sent her home. Alyssa graduated from high school this year after being named Prom Queen.

One point, one plug, and one comment.

1. When she turned 18, Alyssa should have executed a health care power of attorney and a HIPAA Release so her mom could access her health care records and legally make medical decisions for her during her incapacity.

2. I always advise my clients to have their children execute those documents when they turn 18 and definitely before leaving for college. My fee is $150.

3. I would tend to follow the advice of doctors at the Mayo Clinic over those at a rural South Dakota hospital. But if a mother who posts on Facebook in all caps with exclamation points wants to follow different advice for her daughter’s care, she, not a social worker, should have the right to make that decision.

Photo Credit:  Engebretson family

License:  Fair Use/Education

 

Will, Trust, and Net Worth Unknown

Reports of the net worth and estate plan of celebrity chef and television host, Anthony Bourdain, are being circulated in various media outlets. The reports state that Bourdain, who was estranged from his wife at the time of his death, left his $1.2 million estate to his 11 year old daughter. His estate supposedly consisted of $450K in bank accounts, $250K of household goods, and $500K of goodwill associated with his name. Other reports state that he had a trust for his daughter and his estranged wife is the trustee of the trust. Also, if his daughter pre-deceased him, his estate was to go to the nanny of his daughter.
Several points:
1. At the time of his suicide, Bourdain was reportedly worth $16 million which is 10X more than the value listed in the probate filings.
2. The value of personal property and celebrity goodwill are often overstated which means that Bourdain might only have been worth $450K at the time of his death, half of which would have gone to his estranged wife after the finalization of their divorce.
3. The trustee of the trust for his daughter was his estranged wife. I never have an estranged or former spouses control the funds for a child because the spouse could use the funds for himself/herself.
4. In spite of trusting his wife with the funds or his daughter, Bourdain must have disliked her immensely if he wanted his money to go to the daughter’s nanny if his daughter was not living.
 
Photo Credit:  Joe Brier for USA Today
License:  Fair Use/Education (in linked article)

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All Posts By Jay Brinker

I am an attorney located in Cincinnati, Ohio who practices in the areas of estate planning, probate, asset protection, and small business advice. I make a difficult and bewildering process as simple as possible. Most importantly, I provide "more for less" for my clients.