Release and assumption of risk: the company is expressly released of any alleged negligent or wrongful act by an caregiver.
How is this legal? How can an agency providing caregivers be absolved of any and all liability should something horrible happen while they are in my home? What if... View More 
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answered on Sep 19, 2023
This answer in no way establishes an attorney-client relationship but is intended as general information. Only a signed and fully executed retainer agreement may effectuate such attorney-client relationship.
A.
Different states vary regarding the issue of signing waivers. Oregon... View More
answered on Mar 13, 2023
For purposes of the Oregon Advance Directive a health care provider determines when the person who signed the form is incapable. “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary... View More
the Nexplanon was inserted wrong and she has to have it removed surgically later this month and now she is pregnant or potentially the Nexplanon failed itself we are not certain. The other part of this that makes it so much harder is we are very social people and consume alcohol regularly so my... View More
answered on Aug 5, 2022
You are asking the right questions as you process this. Don't lose sleep about yesterday. The stress and anixiety is certainly high, as this is in the top tier of stressful events. Suing a doctor/hospital is a very difficult but often a necessary decision to make. You need to be certain about... View More
How can I release my son ahead of schedule . I know that by law he should not be in prison More than 180 days, please tell me what to do.
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answered on Jul 18, 2023
When it comes to early release from prison, there are various factors to consider, including the specific circumstances of your son's case, the laws and regulations in Oregon, and his eligibility for any potential programs or alternatives to incarceration.
Now, you mentioned that by... View More
Eased and I am disabled
answered on Mar 27, 2023
If you can prove to the state that you are disabled then you may be able to qualify to have Estate Recovery stop collecting. I recommend you hire an experienced Medicaid attorney to assist you.
The facility I’m contracted through contacted my agency that’s on pause and asked them to confirm with me that I’m working for another agency, isn’t that a breach in confidentiality? Also is it not ok to work for two agencies?
answered on Jun 9, 2022
Both depend on what your contract says with both agencies. Confidentiality does not just exist, it is by law or by contract.
I brought them in organized in a folder. When I tried inquiring about it, they kept saying they would look for them and call me back. They didn’t call back and lied and said I didn’t leave a voicemail when I have record of the call. They mentioned early on if they needed to reprint some of the... View More
answered on Aug 4, 2021
Very sorry for your experience. It is not a good feeling to have your records destroyed by those you expect to protect them. Is there a way to obtain these records again? You said that you brought in an organized folder, so I assume that you had copies obtained from another healthcare provider? If... View More
All paperwork frm doctor and postmaster have been forwarded and HOA refusing to install when other members elderly members in community have mailbox at their home as opposed to community mailbox. Subject is 84 yrs and cannot walk without sever pain and assistance. This has been ongoing for 2 years.... View More
answered on Jun 27, 2021
I recommend you have the senior contact Bend Legal Aid for assistance: (541) 385-6950
Likely the senior will need to install the mailbox or mail slot at their home and inform the Postal Service.
I work for an inhome caregiving company in oregon. I had one client & I care for him at his and his wife's home. Recently his wife became ill and now my boss has required me to also care for her as well. My boss has also added extra hours to my schedule and I've even had to work four... View More
answered on Mar 31, 2021
Are you being paid for all hours worked? That would be the only legal violation I see here. I don't see anything unlawful about your boss having you care for two people. If you are not being paid for all the hours you work, there could be an overtime or minimum wage issue here. I would reach... View More
I am trying to get ready to plan for end of life, but have no one to appoint as a health care proxy, medical/patient advocate, executor, or digital fiduciary.
I have no spouse, siblings, or children. My friends are older than me, living out-of-state, and/or would not be up to the task of... View More
answered on Feb 2, 2021
Yes, this is absolutely possible and good for you for doing your advance planning. You can start by looking at the Guardian Conservator Association of Oregon https://www.gcaoregon.org/practitioners. You can also hire an experienced estate planning attorney who will give you referrals to... View More
A dentist performed a dental implant on me that failed. So they are offering me the option of either a full refund for the failed implant or having an oral surgeon remove the implant and redo it. They are asking me to sign a letter stating which option I choose. For the second option, which I want... View More
answered on Oct 12, 2020
An Oregon attorney could advise best, but your questions remain open for two weeks. As a GENERAL matter, it could be difficult for any attorney to offer an advisory opinion here, because sometimes the enforceability of any agreement cannot be guaranteed or precluded until it goes before a judge, or... View More
The science clearly shows many health concerns rebreathing expired air and I feel strongly about staying healthy. I've been employed for almost 9 years and love my job with New Seasons but this new policy crosses the line. How can we reach a compromise? Thank you.
answered on May 20, 2020
Yes, they can require it, just as they can require you to wear clothing, or if you had a job removing asbestos they can require you to wear full-on respirators.
I met with a lawyer after being referred though the Oregon Bar Association referral line and after we were done talking I asked that what I shared be kept confidential. He told me that he was under no obligation whatsoever to keep my information confidential. He said that a consultation even if I... View More
answered on Mar 5, 2019
I can't speak reliably for the actual Oregon Bar Association referral line (that communication is probably not a confidential communication subject to the attorney/client privilege), but the communication with an attorney is subject to the confidential communication privilege.
ORS... View More
I worked for my company and then left, on good terms, for a new job. my company offered me a raise to come back so I did. part of the arrangement was that I wouldn't loose and of my health or vision insurance as I was only gone for 3 days. I called my insurance last week for questions about a... View More
answered on Aug 14, 2018
This would be an unlawful deduction, and you would be entitled to the refund and then some. Of course, if they are saying they still had to pay the insurance company, and let's say they did, then your employer is likely off the hook, but the health insurer has some explaining to do if they... View More
They have only ever contacted me, even when I told them that those were her bills and not mine. I'm obviously going to pay them, but can they really call me every day while I'm at work and sue me for my wife's bills?
answered on Feb 12, 2018
Spouses are generally legally liable for necessary medical bills even if they did not sign the agreement at the doctor's office. So yes, it is likely that they can come after you for payment. Calling you at work everyday is a different matter. Depending upon the exact details, that may or... View More
I have a severely mentally handicapped, as well as, severely mentally ill brother who is deaf and a current inmate of ODOC. Last year, a habeas corpus lawsuit was filed against DOC for cruel & unusual punishment. As of right now, a court hearing/trial date for this lawsuit is awaiting a set... View More
answered on Aug 11, 2017
You can't get step by step details how to do this posting on the internet. You need to hire a lawyer to help you with this. Hopefully you have money to do this but you could also contact legal aid if you need to. It sounds like he has an attorney helping him with the Habeus Corpus suit, at... View More
I will receive a settlement for the physical damages done to my body thus far. Anything further that occurs to my body physically in the future is too bad. I have chosen to not have a revision surgery at this time. The pain I feel is tolerable. However, I know that I face more issues,... View More
answered on Jun 5, 2017
If you do not have your own attorney for this, you should get one. If you do have one, this is a question for them.
I have been caregiving for my grandmother for 2 years this July and have thus kept her out of a nursing home. Even when we reach the two year mark she can't transfer the house to me just because of the technicality that I am a granddaughter and not a son or daughter. Her only living child has... View More
answered on Apr 19, 2017
Who told you this? PROVIDED your grandmother is of sound mind and she WANTS to leave the house to you, she can. If she wants to give the house to charity she can do that too. If she wants to give the house to the local fire department so they can burn it down as a training exercise she could do... View More
She has a medical problem which may become expensive and is not fully insured. Is my equity (and hers) vulnerable, even if they wait until the sale of the house?
answered on Mar 15, 2017
If health care providers file suit and obtain a judgment against your sister, the judgment becomes a lien on any real property owned by your sister in the county where the judgment was entered. Generally, claims of creditors will attach only to the debtor's interest in the property, not to... View More
I Was Taken To The Hospital By Police For Suicidal Thoughts My Parents Where Never Contacted And I Never Consented To Treatment But Was Not Allowed To Leave. Is That Legal?
answered on Dec 11, 2016
Not my area of specialty but I believe there is legal grounds for a temporary hold (24 hours or 72 hours or something like that) if the police suspect that the person could harm themselves or others. So yeah, it's legal. As for contacting or not contacting your parents, I am not sure what... View More
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