The Maine hospitality industry continues to be a strong market for buyers and sellers. ATR’s Jerome Gamache and Jake Bowie, along with Rick Wolf of The B & B Team, assisted the sellers of the Maine Stay Inn & the Captain Jefferds Inn with the sale of the two inns to Lark Hotels. If you are looking to purchase or sell commercial real estate or ongoing business operations, call the attorneys at ATR today!
Attorney Gamache assists sellers of Berry Manor Inn in Rockland. After transforming formerly rundown properties into elegant lodgings, the owners were looking to sell. They turned to Broker Rick Wolf and Attorney Jerome Gamache to assist. Read More
On June 12, 2019 Governor Mills made Maine the 9th state in the nation to adopt what is widely known as the “Death with Dignity Act”. Laws of this nature have been political and social lightning rods throughout the United States. This article will take no stance on the moral issues that surround the debate, rather it will breakdown what the Death with Dignity Act requires of potential patients.
Note, this article does not break down all the specifics of each step, please click the link below to read the act in its entirety:
The Maine law has established an extensive process that prospective “qualified terminally ill patients” must go through before a physician may prescribe any end of life medication. Below is the overview of the step-by-step process required by the Act:
- To obtain “qualified terminally ill status”, a patient MUST be a Maine resident who is determined to be “competent” by BOTH an attending physician and a consulting physician;
- The individual MUST have been informed of a terminal diagnosis with a life expectancy of less than 6 months;
- Prior to a doctor writing a prescription for end of life medication, the individual MUST make 2 oral requests and 1 written request, to his/her attending physician and a 15-day waiting period must pass between the first and second oral request;
- To be “competent” the individual must have the capacity to communicate his/her decision to a health care professional or health care facility. If the individual is deemed not competent, he/she may be referred to a qualified mental health professional who will issue a written report confirming or denying competency;
- If the report deems the individual competent, the report must also state that the individual is acting voluntarily and has made an informed decision to administer end of life medication;
- The individual MUST also be informed on his/her prognosis, the potential risks of taking the medication, and the probable result. In addition, the attending physician is required to inform the individual of feasible alternatives including additional treatment, hospice care, pain control, palliative care and/or comfort care;
- The attending physician MUST refer the individual to a consulting physician who MUST examine all the medical records and confirm the diagnosis in writing and verify that the individual is competent, acting voluntarily, and making an informed decision;
- The written request MUST be witnessed by 2 or more people. At LEAST 1 witness MUST meet the below criteria;
- May not be related by blood, marriage, or adoption;
- May not be an heir, or inherit from the patient’s estate in any capacity under any will or by operation of any law, at the time of signing;
- Must not be an owner, operator, or employee of a health care facility where the qualified patient is receiving medical treatment or is a resident.
- The patient’s attending physician, at the time the written request is signed, MAY NOT be a witness.
- If the patient is in, or receiving treatment at, a long-term care facility at the time of the written request, ONE of the witnesses MUST be an individual designated by the facility who has qualifications specified by the department by rule.
- All witnesses, in writing, MUST affirm that the individual can make this decision and is acting voluntarily;
- Finally, if after 48 hours of completing all the required steps, and such required steps are documented in the individual’s medical chart, and receiving the individual’s written request (after the previously required oral requests), the attending physician may write the end of life prescription. The attending physician is responsible for verifying the accuracy of documentation.
The “Death with Dignity” Act is built to have numerous safeguards in place. It goes without saying a decision like this is incredibly emotional. If you or a loved one has any questions about the new law, please reach out to an Elder Law Attorney.
At Ainsworth, Thelin & Raftice we have 30 years of elder law experience. Bob Raftice and Eleanor Dominguez are available. If you need help understanding the new law, or any of the associated steps, please call us today.
Jerome Gamache has once again helped excited buyers close on a dream business opportunity here in Maine. Dawn and Cassidy Gintz searched all over the country before finding the Captain Nickels Inn in Searsport, Maine. They are excited to embark on this new journey and we wish them all the best!
Jerome has helped buyers and sellers all over Maine. If you are looking to buy or sell a personal home, a commercial business, an inn by the ocean, or even raw land, the Real Estate Team at Ainsworth, Thelin & Raftice is here to help. Contact us today to set up an appointment!
Ainsworth, Thelin & Raftice has serviced Mainers for decades. On June 14th, 2019, Governor Mills signed “An Act to Update the Laws Governing Child Safety Seats and Seat Belts”. Feel free to click the link to read the version loaded with legalesee, but the major updates are addressed below:
Children Under the Age of 2 Must Be: (<2 yrs, unless exceeding manufacturer’s weight limit)
- Properly secured in a rear-facing child restraint or convertible child restraint system in accordance with the manufacturer’s and vehicle’s instructions;
- However, if your under 2 year old child exceeds the manufacturer’s recommended weight limit they may be secured in a forward-facing system.
Children 2 Years or Older AND Weighing Less than 55 Pounds: (>2 yrs,<55 lbs)
- This section applies to any child above the age of 2 AND weighing less than 55 pounds;
- They must be secured in a child restraint system in accordance with the manufacturer’s and vehicle’s instructions.
- No requirement to be rear facing.
Children Less than 8 AND, Less than 80 Pounds, AND Less than 57 inches in height: (<8 yrs,<80 lbs, <57 inches)
- Remember this is once again “AND” language, which means all of the criteria need to be met to apply!
- This group must be secured in a “properly secured belt positioning seat” (booster or car seat), in accordance with manufacturer’s and vehicle’s instructions.
Children Less than 12 Years Old AND Less than 100 Pounds: (<12 yrs, <100 lbs)
- If possible, properly secured in the rear seat of the vehicle (seat belt).
- The key language here is “if possible” but it is safe to assume most circumstances will make this possible. Remember, this update to the law requires that for children less than 12 years of age AND under 100 pounds.
- Example: If you have a car full of 11 year olds, 3 of them weigh 90 pounds and 1 weighs 101 pounds, the 11 year old who weighs 101 pounds should sit in front.
All Other Children Under 18: (<18 yrs, doesn’t fit other categories)
- Must be properly secured with a seat belt.
While there are the new laws of Maine, we ALWAYS recommend utilizing a seat belt. It does not matter how old you are or how much experience you have on the road, an accident can happy at any time and without warning.