End-of-Life Planning: New Living Will, Health Care Power of Attorney and Organ Donation Statutes

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1 Estate Planning End-of-Life Planning: New Living Will, Health Care Power of Attorney and Organ Donation Statutes LIVE and WEBCAST PROGRAM Wednesday, Oct. 10 N.C. Bar Center Cary CLE Credit: 4.0 Hours, includes 0.5 Ethics/Professionalism Plus 4 Video Replays Seasoned legal and medical professionals will highlight and explain House Bill 634 Advance Directives/Health Care Power of Attorney. This measure rewrites North Carolina s health care power of attorney and living wills statutes and forms. This law also introduces an additional instrument the Medical Order for Scope of Treatment (MOST) form. In addition, the program will discuss House Bill 1372 The Heart Prevails, which establishes a complete new set of rules for organ donation in North Carolina. Learn not only how the forms and processes have changed but gain important insights from medical professionals on end-of-life decision making. This program is a must attend event if you want to stay current on the most recent changes to an area of the law that affects clients of many general practitioners as well as elder law and estate planning lawyers. Sponsored by Elder Law, Estate Planning, Health Law Sections of the North Carolina Bar Association and the North Carolina Medical Society

2 The Fine Print Registration Registrations (including door registrations) are limited to available space, which may include a live video broadcast overflow room. Registrations received the week of the program or at the door cannot be guaranteed a book. MCLE Credit The N.C. Bar Association Foundation is an accredited CLE sponsor under the MCLE Regulations promulgated by the N.C. State Bar Board of Continuing Legal Education. This program is approved (but not sponsored) by the Board for the designated number of CLE hours. It is the responsibility of each attorney to maintain a record of his/her attendance at CLE programs for the N.C. State Bar annual report. MCLE credit is reported only if N.C. State Bar number is provided. NCBA CLE Passports Passport holders exceeding the 30- hour limit for NCBA Members or the 15-hour limit for LAD Members charged $75/program. Transfers Registrants may transfer from a Live program, Video Replay, TeleSeminar or Computer Training Workshop without penalty within three working days after the program date. A registration may be transferred once. Registrants may not transfer to/from a CLE Webcast, a CLE Webinar, CLEonTheGo or a CyberCLE program. Cancellations Cancellations must be received by 9 a.m. the third working day prior to the program to qualify for a refund (less $25 admin. fee). Those not attending receive program materials (if included in tuition) in full consideration of tuition paid. Inclement Weather NCBAF makes every effort to contact registrants when a program is cancelled due to weather. If inclement weather is forecasted, but you have not heard from us, visit call the Bar Center or contact the site location on your registration confirmation postcard. If the site is closed, the program may be rescheduled. Agenda 8:15 8:45 a.m. Registration and Continental Breakfast 8:55 9:00 Welcome and Introductions 9:00 9:45 House Bill 634 Overview Creamer and Proctor This session will cover the lack of clarity in North Carolina s previous living will and health care power of attorney statutes and review the statutory clarifications made in H634. Particular focus will be given to reviewing the new statutory forms and the new rules resolving any conflicts between different patient instructions. This session also will cover the changes in the law that applies when there is no living will or health care power of attorney. 9:45 10:15 The MOST Form Background Phelps and Fretwell This session will cover the important new MOST form which is a doctor s order, not a legal instrument. You will learn about the medical needs that the MOST addresses and how patients can use it to enhance their health care directives. The interplay with living wills and health care powers of attorney also will be reviewed. 10:15 10:45 Use of and Variations on the Statutory Forms Holding and Rocamora Understand the pros and cons of using (a) both the living will and the health care power of attorney, (b) only the living will and (c) only the health care power of attorney. The session also will cover practical and ethical considerations in dealing with family members in end-of-life situations. 10:45 11:00 Break 11:00 11:45 *The Realities of End-of-Life Situations Fretwell, Menscer and Stell The session will cover the medical aspects of withholding life-prolonging measures and dispel common misconceptions about withholding lifeprolonging measures. Particular attention will be given to artificial nutrition and hydration and to comfort care in end-of-life situations. The session also will cover how health care professionals address family conflicts in end of life situations, both with and without advance directives. The role of medical ethicists and ethics committees in end-of-life situations also will be reviewed. 11:45 12:15 p.m. New Organ Donation Law Folwell and Proctor Find out about the new organ donation statute and the changes to funeral statutes and the interplay with Living Will and Health Care Power of Attorney. Brought to you by the North Carolina Bar Association Foundation CLE

3 12:15 1:15 Panel Discussion Proctor (moderator); Panelists Creamer, Crill, Fretwell, Holding, Menscer, Phelps, Rocamora and Stell This session will review and summarize the legal and medical aspects of end-of-life planning and the changes made in the new legislations. It also will address questions that participants submit about end-of-life planning. *Indicates portion providing Ethics/Professionalism credit. Planners James E. Creamer Jr., Blanco Tackabery Combs & Matamoros PA, Winston-Salem Melanie G. Phelps, North Carolina Medical Society, Raleigh E. Knox Proctor V, Ward and Smith PA, New Bern Speakers James E. Creamer Jr., Blanco Tackabery Combs & Matamoros PA, Winston-Salem John L. Crill, Wyrick Robbins Yates & Ponton LLP, Raleigh Rep. Dale R. Folwell, North Carolina General Assembly, Raleigh Marsha D. Fretwell, M.D., Senior Care Systems PA, Wilmington Graham D. Holding, Robinson Bradshaw & Hinson PA, Charlotte Darlyne Menscer, M.D., President, North Carolina Medical Society, Raleigh Melanie G. Phelps, North Carolina Medical Society, Raleigh E. Knox Proctor V, Ward and Smith PA, New Bern Larry H. Rocamora, McPherson & Rocamora PLLC, Durham Lance K. Stell, M.A., Ph.D., F.A.C.F.E., Carolinas Medical Center, Charlotte & Davidson College Hotels Contact hotel directly for reservations & guest services Rates based on availability To guarantee your room at this special rate, contact the hotel today and mention you are with the N.C. Bar Association Hilton Garden Inn 1500 RDU Center Drive Morrisville I-40, Exit 285, Aviation Parkway Rates: Reservations: $159 single/double A full service hotel (919) or (877) STAY-HGI Reference # when making reservations Webcast Oct. 10 To register visit NCBA Member $185 Non-Member $230 Passport and Early Bird tuition rates do not apply. Attend a Live Webcast from the convenience of your office or home computer. Download and print program materials. Webcasts do not count against the 4-hour per credit year limit for computer-based CLE.

4 End-of-Life Planning Video Locations To qualify for the Early Bird ( ) tuition, registration must be received one week prior to program date. Early registration is required to ensure a book at video locations. N.C. State Bar rules require a minimum number of pre-registered active State Bar members. The NCBAF reserves the right to cancel any video program prior to the program date if registrations do not meet the N.C. State Bar requirement. Some sites require additional registration or evaluation forms. Visit to confirm video replay registration and program start times. CLE credit hours at Video Replays are subject to change. Cary Thurs., Dec. 13 N.C. Bar Center 8000 Weston Parkway Dorsett Auditorium Site Contact: CLE Department (919) or (800) ( Dec. 6) #413BAR Charlotte Fri., Nov. 9 Central Piedmont Community College 124 East Independence Boulevard Institute for Entrepreneurship Professional Development Building, Room 215 Site Contact: Laura Wester (704) ( Nov. 2) #413CHA Flat Rock/Hendersonville Thurs., Nov. 29 Blue Ridge Community College Rt. 2, College Drive Continuing Education Building, Room 122 Site Contact: Elaine Handville (828) ( Nov. 21) #413FLR Leland Thurs., Nov. 8 Brunswick Community College, Leland Campus 2050 Enterprise Boulevard Education Center, Room 212 Site Contact: John M. Horton (910) ( Nov. 1) #413LEL

5 > End-of-Life Planning #413LEP on 10/10/07 F N.C. Bar Association Foundation Registration/Order Form B Print Full Name Firm/Agency Name Street Address P.O. Box City/State/Zip Daytime Phone/Daytime Fax Address for MCLE Credit list both: N.C. State Bar No. NCBA No. q Check if any information has changed > Program Choice Registration must be received one week prior to program date for Early Bird tuition Live Program q Oct. 10 Cary #413LEP ( Oct. 3) Video Replays q Dec. 13 Cary #413BAR q Nov. 9 Charlotte #413CHA q Nov. 29 Flat Rock #413FLR q Nov. 8 Leland #413LEL > Can t Attend? Buy the Materials! Add 6.75% Sales Tax to all items except books ordered before the live program date. Please allow 2 4 weeks from live program date or order date for delivery. q Book Order Member $65.75 q Book Order Non-Member $85.75 q Book Order CLE Passport Participant $47.75 q Videotape / q DVD $65.75 q Videotape & book / q DVD & book $ > Tuition Early Bird Regular Rec vd Rec vd less than 1 week before 1 week before program program The following categories include the MCLE fee and materials. q Est. Pln, Health or Elder Law $100 $140 Section Member q NCBA Member $120 $160 q NC Medical Soc. Member $120 $160 q Other Medical Professional $60 $80 q Full-time *LANC Attorney $60 $80 (NCBA Member) q Non-Member $160 $205 q CLE Passport Participant No Charge The following categories do not include any MCLE fee. You must attend to receive the materials. q Judge (NCBA Member) $25 q Law Professor (NCBA Member, full-time at ABA accredited law school) $25 q NCBA Law Student Division Member $25 q NCBA LAD Student Member $25 *Legal Aid of N.C. > Payment Options Registration is processed only after payment is received Total $ q Check Enclosed Payable to N.C. Bar Foundation q Visa/MC/AmEx Acct. # Exp. Date Signature 4 ways to register: Phone CLE (919) (800) Credit card only Web Credit card only Fax CLE (919) Credit card only Mail Attn: Accounting NCBAF P.O. Box 3688, Cary, N.C

6 End-of-Life Planning Wednesday, Oct. 10, 2007 Cary End of Life Planning Program highlights Common ethical issues that are faced by professionals and family members in end-of-life situations 8000 Weston Parkway Cary, N.C Nonprofit Org. U.S. Postage PAID Raleigh, N.C. Permit No. 297 CLEonTheGo When you want Where you want How you want Download CLE programs to any portable audio player and earn CLE credit.

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