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Theus Law Offices is rated 5 out of 5.0 stars based on 5 review(s).

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Most people have many questions about estate planning but never make a move to go see an attorney. Before Theus' free seminar I did not even know their were attorneys that specialized in only estate planning. Thank goodness I attended...as I did not even know what asset protection was, even though I had assets. Most people think a written will is fine and pass away thinking that things will be as they wished/stated. Most times that is not the case. I urge you to go Theus Law Offices for consultation. They are friendly and down to earth with your wishes being #1. I cannot say enough good things about them. Now that I have gone to Theus I rest so much easier knowing that my wishes...are going to be held up...just as I wanted...no doubt about it....Thanks to the Theus family !

- Peyton Guillory

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The Theus Law Offices’ Family Estate Planning is a must from my perspective. I had recently lost my dad when I decide to attend the in-person Workshop at the time. My dad and I had attended a similar workshop some four (4) years prior but my dad didn’t elect at the time to move forward. I so wished that he (my dad) had done so because now I am helping my mom go through the Succession/Probate steps with a lawyer currently. If you or your loved ones haven’t made this decision with Estate Planning, I would strongly encourage you to attend this web-based workshop/webinar. Graves Theus is a great attorney to go with for this important step in you and your family’s planning for the future in many, many ways!!!

- Mark Johnson

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The Theus Law Offices’ Family Estate Planning is a must from my perspective. I had recently lost my dad when I decide to attend the in-person Workshop at the time. My dad and I had attended a similar workshop some four (4) years prior but my dad didn’t elect at the time to move forward. I so wished that he (my dad) had done so because now I am helping my mom go through the Succession/Probate steps with a lawyer currently. If you or your loved ones haven’t made this decision with Estate Planning, I would strongly encourage you to attend this web-based workshop/webinar. Graves Theus is a great attorney to go with for this important step in you and your family’s planning for the future in many, many ways!!!

- Mark Johnson

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They are a wonderful Team!

- Jessica Cole

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Estate planning is a complicated process, but my wife and I feel it is valuable and necessary. We started by attending an Estate Planning workshop offered by the Theus Law Offices and led by Jim Theus. That was about the wisest decision we have made in some time. We engaged the services of Theus Law Offices and have benefitted enormously from the direct working relationship with Jim Theus. They did not sign us up and then pass us off to a staff member. We worked with Jim Theus personally. When it was time to work with others of the staff, we found them friendly, knowledgeable, and professional. Jim Theus is exceptionally competent and patiently answers questions. His due diligence is admirable. We found their fees for estate planning reasonable and fair. You would be wise to consider using the services of Theus Law Offices if you are interested in estate planning. We are grateful for their help and recommend them to you without reservations. Our loved ones will also be the beneficiaries of a comprehensive plan, as are we. Doyle L Bailey

- Doyle Bailey

Blog

Are Nursing Home Arbitration Agreements Enforceable by Law?


04 May, 2020

Historically, nursing homes ask, or at times, force patients and their families to sign arbitration agreements before being admitted into their care. Through signing these agreements, patients and their loved ones give up their right to sue if they think the nursing home is responsible for a patient’s injuries or death.

About nursing home arbitration agreements

Indeed, legal agreements that direct medical and nursing home care are a frequently overlooked estate planning matter. If you have a loved one that requires 24/7 nursing care, specific actions may affect his or her legal rights. Many nursing homes insist their incoming residents sign binding arbitration agreements. Signing an arbitration agreement means that if the resident is seriously injured or dies due to the facility’s wrongful practices or negligence, any claims are submitted to binding arbitration.

Often, the stressful or urgent circumstances surrounding the nursing home admissions process combined with their massive bargaining power means that the majority of prospective residents are not aware of the content contained in what they are signing. Or, that they do not understand the significance of a decision to enter into a pre-dispute arbitration agreement. In other words, giving facilities the right to ask residents to sign pre-dispute arbitration agreements is unfair to both these residents and their families. It can harm their safety, rights, and quality of care.

The problem with arbitration

The problem with arbitration is that it interferes with the standard discovery and trial process established by the court system. Arbitration tends to push for a speedy resolution of claims over highlighting unfairness and injustice. Depending on the nursing facility’s type of arbitration clause and forum, victims and their loved ones may not ever be able to get straight and honest answers about what happened.

Federal laws strongly favor arbitration agreements. The backing of the federal government makes things significantly more challenging for family members who see a loved one die due to possible nursing home abuse and neglect. A nursing facility may move to dismiss claims of elder abuse, negligence, and wrongful death, arguing that they have a binding arbitration agreement signed by the victim.

Get helpful advice from an experienced lawyer

Many elderly citizens enter nursing homes under admission forms signed by a family member who holds a power of attorney. Often, the person with a power of attorney is not aware of their loved one’s wishes or chooses to disregard them. Consequently, it is a wise move to make your wishes known regarding arbitration clauses or agreements beforehand, so the agent making decisions on your behalf does not inadvertently sign away your valuable legal and constitutional rights.

An estate planner can provide you with the care, commitment, and precision you expect from a legal professional. These lawyers can deliver exceptional representation to you through understanding your needs on a personal level. Estate planning lawyers recognize that they can provide the best legal services and advice when they fully understand your short-term and long-term goals.

If you need advice from a qualified and experienced nursing home attorney on this or any related matter, contact a lawyer in your local area to schedule a consultation today.

Thanks to our friends at Cohen & Cohen for their insight into nursing home law.

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