An Overview of Implied Consent and the Implications of Refusal

Mark Mandell, Esq.

Following the U.S. Supreme Court’s decision in Schmerber v California, Michigan was able to enact the Implied Consent Act in 1967. Originally, it required motorists to take a blood and/or urine test at the request of police officer when they are arrested for drunk driving. In the time since, the Act has expanded to cover a wide range of violations, including: felonious driving, manslaughter, operating while visibly impaired (OVI), child endangerment, and most recently operating a vehicle with any amount of controlled substances.

Most often, police departments prefer a breath test in order to avoid the foundational requirements of a blood test. In some instances, such as a serious personal injury accident, the breath test may be unfeasible, and so a chemical test is requested by the police officer.

While it is possible to refuse the officer’s request, it is important that you are aware of the potential penalties of doing so if you are found to have a blood alcohol content (BAC) over 0.08. Currently, there is an informal guideline called the “One-Hour Rule,” in which a person has one hour to decide to refuse or submit to the test. Waiting over an hour is considered a refusal.  Whether or not a person is over the legal limit, refusing the test allows the police officer to confiscate their picture license. After which, the officer will most often seek a search warrant and will ultimately get their evidence one way or another.  If the person is found to be intoxicated, their license will be immediately suspended.

The alleged offender and their attorney have 14 days after the date of arrest to request a hearing. If this is not done, the offender will immediately receive 1-year suspension on their license and 6 points on their driving record if he or she is a first-time offender. If it is their second offence in 7 years, the penalty will be a 2-year suspension on their license and 6 points on their driving record. Both suspensions will take effect five days after the decision has been mailed. Since these penalties are severe, prompt action is crucial.

The hearing will take place 45 days after the arrest, barring an adjournment from either party. There are only four relevant matters to the hearing: Did the police officer have reasonable grounds to believe the alleged offender committed a crime in which implied consent was warranted? Was he or she placed under arrest for this crime? Did the officer provide the alleged offender with their chemical test rights? And finally, did he or she reasonably refuse to submit to a chemical test requested by an officer?

If the alleged is found guilty, he or she will be subject to the same penalties above depending on whether this is their first offence or not. A first-time offender can petition the circuit court for a restricted license in order to travel to and from work, probation, and school, among other destinations listed in MCL 257.319(17). In addition, the circuit court has the power to affirm, modify, or set aside a suspension for a first-time violation case. A different decision will be contingent on new evidence that could not have been reasonably produced for the initial hearing, an error of law, or a material mistake of fact by the hearing officer.

Second-time offenders are not able to petition for a restricted license and cannot appeal to the circuit court for an alternative decision.

MAT2 Program Connects Michigan Students with High-Paying Skilled-Trade Careers

At the firm’s most recent “Lansing to Local” event, Stephanie Comai, Director of the newly created Michigan Talent Investment Agency, spoke about an issue on the minds of many local businesses we work with: Expanding opportunities and training in skilled-trades and high-tech manufacturing in Michigan, especially for students and young people.

Our attorneys have also been involved in the Livonia Industrial Council, which is working to boost interest among local students and their parents in the skilled-trades and high-tech manufacturing jobs.

From the Livonia Industrial Council and Ms. Comai, we learned about a new effort that will benefit Michigan manufacturers: MAT2 – the Michigan Advanced Technician Training Program.

MAT2 addresses two critical issues facing the manufacturing and technology industries: (1) a widening skills gap, and (2) an aging workforce. This initiative functions similar to an apprenticeship program, where students alternate between classroom instruction and on-the-job training, gaining the necessary hands-on skills and real-world experiences for them to become a successful and productive member of the workforce.

If you are a business or a student interested in this program, you can learn more here: http://www.mitalent.org/mat2/

The program gives students the skills they need to succeed and enter into high-paying, long-term careers. And, it gives businesses a well-trained employee who is ready to hit the ground running from day one after leaving the training program.

While this program has achieved great success in just a few short years, we have found it is not as well-known among local businesses as it should be. Please share and help spread the word!

Fausone Bohn, LLP is a Northville, MI based law firm involved in several community organizations throughout Western Wayne County. We believe our business clients are better-served when our attorneys have a more complete understanding of the issues they face.  If you are a local business in need of legal consultation, don’t hesitate to contact us at (248) 468-4536 or online at www.fb-firm.com.

Report Shows Seniors Abused at 1 in 3 Nursing Homes

Daniel J. Williams, Esq.

The United States has over 15,000 nursing homes, and according to a report, elder abuse occurs at 1 in 3 of them. The study showed that over 5,200 nursing homes were cited for about 9,000 instances of abuse over a two year period.

In over 1,600 cases, nursing home residents experienced serious harm to place the resident in jeopardy of serious injury or death. Yet, despite the horror stories, the nursing home population is only projected to grow significantly.

Some of the most common problems in nursing homes include untreated bedsores, inadequate medical care, malnutrition, dehydration, preventable accidents, and inadequate sanitation and hygiene.

The bottom line is that no one is immune to elder abuse at a nursing home, especially given these numbers. Even the famous novelist Harper Lee, author of To Kill A Mockingbird, has been subject to an alleged case of nursing home abuse – check out our previous blog to learn more on that case: Click Here.

The homes cited by the study for instances of abuse accommodate some 550,000 residents, many of whom live in the 11,000 for-profit nursing homes across the country. Many of those for-profit businesses are receiving federal funds.

The federal government is the biggest contributor of nursing home care, mostly through Medicaid, a joint federal-state health care program for the poor, and Medicare, the federal program for elderly and disabled people. Federal health and safety standards are designed to protect nursing home residents from abuse.

To enforce the standards, the U.S. Department of Health and Human Services contracts with the states to conduct annual inspections of nursing homes. The states also are required to investigate individual abuse complaints. The report's statistics were derived from these state inspections.

The industry has cited money as an issue, in particular in their ability to attract and retain skilled staff. The average hourly wage for nursing assistants ranges from $7 to $9 per hour. Some have argued that non-profit homes, often run by community or religious organizations are better at serving residents and caring for their needs.

However, whether it is a not-for-profit home, a for-profit home, and no matter the age of your loved one, they deserve to be treated with dignity and respect. And while nursing home care has improved over the years, as this report shows, instances of atrocious abuse still occur and are prevalent.

Daniel J. Williams is an Elder Abuse Attorney with Fausone Bohn, LLP. The firm has former prosecutors and experienced attorneys who can help you and your family right the wrongs done to your loved one, whether it be nursing home abuse or financial exploitation. Call the Metro Detroit Elder Abuse attorneys today, at (248) 468-4536, or visit us online at www.fb-firm.com.

Read more at ABC News: http://abcnews.go.com/US/story?id=92689&page=1

Attention Kayakers: New Paddling Guide Available for the Detroit River

There is a stereotype of environmental lawyers as your typical outdoorsy person, and I definitely fit the mold. And with the winter ice finally melted, I am excited to begin the annual rituals of kayaking and canoeing trips.

For outdoor enthusiasts looking to plan their paddling trips along the Detroit Heritage River Water Trail, I wanted to share this great new resource. An updated Detroit River Paddling Guide was unveiled last week.

You can download or view the updated map here:

http://www.downrivergreenways.org/home/reports-and-products

The document also includes guidance for local municipalities who are interested in developing paddling amenities, and it highlights opportunities for infrastructure improvements along the Detroit River.

The new guide offers detailed descriptions of each location, a key feature in designing your outdoor adventure. The guide also features the newest launch sites, updated information on existing locations, safety suggestions, and resources for local paddling groups. Recommended paddling routes are also highlighted, presenting not only mileage, but water time and possible conditions as well.

I have downloaded my guide, and I highly recommend it for other paddlers looking to see the Detroit River and the rest of the Heritage River Water Trail.

Learn more here:

http://msue.anr.msu.edu/news/new_paddling_guide_available_for_metro_detroit

Paul Bohn, partner at Fausone Bohn, LLP, has established a strong reputation in Michigan as a leading practitioner in environmental law. Mr. Bohn has been selected as a Michigan Super Lawyer since 2010 and was named one of the Top Attorneys in Michigan in 2014 by Crain’s Detroit Business. If you need consultation, don’t hesitate to contact us at (248) 468-4536 or online at www.fb-firm.com.

Edsel Stallings: A True American Hero

Meet Former Marine Sgt. Edsel Stallings, the latest Veteran Fausone Bohn and Legal Help For Veterans have the honor of assisting.  Now 93 years old, Stallings is one of the few remaining members of the Montford Point Marines. This distinguished group was the first all-black Marine unit that served in the Pacific in World War II. Overcoming segregation at home and the enemy abroad, the Montford Point Marines were finally honored for their service in 2011 with the Congressional Gold Medal. The Medal is awarded by Congress as the highest expression of national appreciation for distinguished achievements and contributions. With this recognition, Edsel and his unit join an elite group of African American medal recipients including Rosa Parks, Dr. Martin Luther King Jr., The Tuskegee Airmen, Joe Louis, and Jackie Robinson.

The Medal is planned to be displayed permanently at the Smithsonian Institution so that everyone has a chance to hear this amazing story and pay their respects to these heroes.

We want to thank all Veterans for their service to our country and would be honored to assist anyone who is seeking veteran benefits from the VA. Contact Legal Help for Veterans, PLLC today to find out how you or a loved one can receive the benefits you deserve: http://www.legalhelpforveterans.com/

Check out the remarkable story of Stallings and the Montford Point Marines here: http://archive.freep.com/article/20111111/NEWS06/111110383/Overlooked-decades-Montford-Point-Marines-awarded-top-medal

The Importance of a Well-Drafted Non-Compete Agreement, Part 2

Breeda O’Leary-Brassfield, esq.

A recent Michigan Court of Appeals decision highlights our recent articles on the importance of a well-drafted non-compete agreement for your business. Generally, these agreements not to compete are enforceable when they protect the employer’s reasonable competitive business interests and are reasonable in duration, geographical scope, and line of business.

However, in September 2014, the Court of Appeals struck down a non-compete clause that prohibited the former employee from working for any company that “makes or sells any products competitive with a product offered by the company.”  While this may sound like typical language in a non-compete clause, the Michigan Court of Appeals determined it to be overly broad and unenforceable.

In that case (Huron Technology Corp v Albert Sparling), Defendant was a former employee of Plaintiff who resigned to go work for another company.  Both companies manufactured and sold “material handling equipment” (i.e. conveyor equipment).  Plaintiff argued that Defendant violated his two year non-compete clause by working for a competitor within that time frame.

The court held that the non-compete was unenforceable because it prohibited Defendant from working for any company that offers even a single product that is “competitive” with a product offered by Plaintiff.  This prohibited Defendant from working for any company that is even in remote competition with Plaintiff, and was therefore unreasonably restrictive.

This case demonstrates how imperative it is to carefully draft contract language in non-compete agreements.  The language in this case is similar to what is commonly used by businesses who do not seek the advice of experienced legal counsel. Seeking the advice of experienced counsel will help ensure that the courts will enforce your non-compete agreement.  

If you own a business and are concerned about protecting your interests, contact me, Breeda O’Leary-Brassfield, at 248.380.0000 ext. 3221, boleary@fb-firm.com, or online at www.fb-firm.com.  

New Drinking While Boating Laws in Place for Michiganders in 2015

Mark J. Mandell, Esq.

As we approach summertime and warmer weather, Michiganders will soon flock to their cottages and their boats. Michigan actually has one of the highest rates of boat ownership per capita in the nation.

And this year, tougher laws are in place for “Boating Under the Influence” (BUI).

Last year, boaters could operate a watercraft with a BAC of 0.10. However, with legislation passed and signed into law in last year’s lame-duck session, the new BAC limit on the water will mirror the 0.08 BAC limit on the roads.

The other changes include:

• Prohibiting a person from operating a motorboat with any amount of controlled substance in their body.
• Prohibiting a person under 21 years of age to operate a motorboat with any bodily alcohol content.
• Increased penalties for alcohol and controlled substance violations if a person younger than 16 years of age is also in the motorboat.

Penalties were formerly lighter on the water as well. However, boaters who violate these laws on the water will also face stricter penalties, similar to those drivers face on the roads.

And have you ever stopped to think, “Is it really legal to drink while driving a boat?” If you’ve been a spectator at Jobbie Nooner at Lake St. Clair, MI, surely this thought might have crossed your mind at some point.

The short answer is, yes. It is lawful to drive a boat with an open container of alcohol. But you have to be careful not to cross the line, especially with these stricter laws. When you’re out in the sun all day, just a few drinks could get you to that 0.08 threshold quickly if you don’t hydrate with water. And just like on the roads, there’s implied consent on the water.

Under implied consent on the water, when you get behind the wheel of a boat you are considered to have consented to a BAC test. Even if you don’t take a breathalyzer test, you can still be detained and taken back to shore if you appear to be disorientated, confused, smell of alcohol, or were driving recklessly.

It’s also important to note that these laws not only apply to boats. Jet skis, kayaks, canoes, and any other type of water craft that can be used for transportation fall within the reach of these laws.

It is also unlawful for the owner of a vessel to allow anyone else to operate their vessel if that person is under the influence of alcohol or drugs.

So if you and your family head out on the water this summer, as many Michigan families do, boat safely and drink responsibly. A few Corona and limes on a nice summer day could get you into more trouble than you think if you’re not careful. 

“Estate Planning 2.0:” Who controls your digital assets after your death?

Donald L. Knapp, Jr.

The term “Web 2.0” has become a popular buzzword around the Internet and many digital innovations over the past decade. Web 2.0 has allowed the creation of more “digital assets” – including your Facebook and Twitter pages, blogs, and even your online brokerage account and credit card travel miles. These digital assets can be personal or business in nature.

However, the law has lagged behind the technology in this arena. There has been a rush to create social media accounts and set-up online banking and brokerage accounts – but who controls all those digital assets after you die? Do you have an “Estate Planning 2.0” strategy to fit the Web 2.0 world?

Your digital assets are becoming one of the more important – and are certainly one of the most overlooked – components of an estate plan. While it is obvious that everyone has physical assets (home, car, personal possessions, etc.), most people today have digital assets as well.  And until state and federal laws catch up with technology, your best bet to protect these possessions is through well-drafted provisions in an estate plan.

According to a recent survey conducted by McAfee, people place an average value on their digital assets of $35,000, around half of which is attributed to “sentimental” value, like your photos stored online. That amount likely does not include the value in your online brokerage accounts, if you have any. Whatever value you place on your digital assets, it is important to have a plan in place for them if you become incapacitated or pass away.

When drafting estate planning documents, such as a durable power of attorney, will, or trust, it is important to include provisions that authorize your designated representative to access these digital assets. Such provisions should also explicitly define the scope of the representative’s authority and clearly state your intentions for those digital assets once you pass away.

Because this area of the law is new and still evolving, there are limited cases interpreting such provisions. However, drafting clear provisions addressing your digital assets will provide you with additional peace of mind.

If you are in need of estate planning help, contact the experienced attorneys at Fausone Bohn, LLP in Northville, MI. You can reach us at 248-468-4536 or online at www.fb-firm.com. Our legal experts are knowledgeable about changing laws and stay up to date on this evolving area to ensure you receive the best protection for your assets.

The most recent legislation proposed on this issue was in Florida. You can read more about what lawmakers there are doing in an attempt to secure individuals digital assets after death: http://www.wtsp.com/story/news/politics/florida/2015/04/06/bill-lets-guardian-access-digital-assets-after-death/25361635/. 

MDEQ Issues Permit Change to Further Limit CAFO Winter Manure Spreading

Paul F. Bohn, Esq.

The Michigan Department of Environmental Quality (MDEQ) announced a change to its permits for large farms as part of the state’s efforts to better protect Michigan waters from agricultural runoff. Confined Animal Feeding Operations (CAFO) were already limited in when and where they could spread manure, but the permit change applies those limits to operations receiving that manure as well.

We have written previously on Ohio’s efforts to combat the “harmful algae blooms” plaguing Lake Erie, and this effort by MDEQ is certainly part of Michigan’s response to protect Lake Erie.

CAFOs are not allowed to spread manure on frozen or snow-covered grounds except under very strict, limited circumstances, but they were previously allowed to transfer their excess manure to other operations not specifically prohibited from “winter spreading.”

Now, large farms are not permitted to transfer their farm waste to other operations from January through March unless the recipient follows the winter spreading standards. Witnesses at the hearings on the CAFO permit renewal said that the transferred manure, which was spread onto the recipients’ lands, was running into streams and drains as the snow was melting during the spring thaw. 

“The change is expected to further minimize incidents of farm runoff to surface waters during spring melts, and will safeguard Michigan's valuable water resources while providing a reasonable regulatory framework for farmers," said MDEQ in a press release.

This permit change has been in the works since December of last year, and a public hearing was held in January. The final product includes revisions based on public comment. Both the permit and the summary on public comments can be viewed on MDEQ’s website here:

http://www.michigan.gov/deq/0,1607,7-135-3313_3682_3713-96774--,00.html

Paul Bohn, partner at Fausone Bohn, LLP, has established a strong reputation in Michigan as a leading practitioner in environmental law. Mr. Bohn has been selected as a Michigan Super Lawyer since 2010 and was named one of the Top Attorneys in Michigan in 2014 by Crain’s Detroit Business. The team at Fausone Bohn, LLP has extensive experience dealing with MDEQ matters. If you need consultation, don’t hesitate to contact us at (248) 468-4536 or online at www.fb-firm.com. 

VFW, DAV File Joint Lawsuit Against the VA

The Veterans of Foreign Wars (VFW) and the Disabled American Veterans (DAV) filed a join lawsuit on May 6 against the VA to force it to change its submission procedure for new claims. The procedure, says the VFW, was created solely to benefit the VA and not veterans.

The primary issue is that the VA eliminated the informal claims process, according to William Bradshaw, VFW’s director of National Veterans Service. Previously, any form of written communication would have served notice on the VA that within one year the veteran would be filing a claim for disability compensation.

In March, the procedure changed to require all veterans to use standardized forms, which complicates the process for veterans, many of whom don’t have access to computers to get the forms. Therefore, this delay essentially postpones the effective date and denies compensation to veterans.

“The VFW doesn’t oppose the use of standardized forms,” said Bradshaw. “Our opposition is to this all or nothing approach that VA is forcing on veterans — changes, that if left in place, will guarantee in this year alone that tens of thousands of service-connected wounded, ill and injured veterans will be denied benefits they were entitled to before the change became effective.”

This change in procedure has been in the VA pipeline since October 2013, at which time the VFW and DAV fought against the proposed change. Now, with it in effect, the two organizations have teamed up again, this time to file a joint lawsuit against the VA.

There appears to be no reason given as to why the VA couldn’t accept both informal claims and the standardized forms. The lawsuit alleges that the elimination of informal claims unduly harms veterans and reduces veterans benefits, which is unlawful as it goes against the “non-adversarial, pro-veteran principles upon which the veterans benefits system is built.”  

You can read the full lawsuit complaint here:

http://www.vfw.org/uploadedFiles/VFWorg/News_and_Events/Articles/2015_Articles/VFWPetitionforReview2015.pdf

At Legal Help For Veterans, PLLC, we focus exclusively on veterans’ rights. If you are a veteran looking to get the benefits that you deserve, call us today at 1-800-693-4800. We handle a variety of claims for service-connected injuries. www.LegalHelpForVeterans.com

Flint Mayoral Candidates Miss the Deadline, "Giggles the Pig" Launches Write-in

We’ve all heard the saying "When pigs fly!" – but what about when pigs run for office? The candidates in Flint’s mayoral race all missed the filing deadline, which has resulted in an all write-in candidate field, including a “Giggles the Pig.” Moral of the story: if you’re thinking about running for office, make sure you know the state laws and deadlines around filing and campaign finance procedure.

Read more on this story on Michigan Radio’s website:

http://michiganradio.org/post/pet-pig-latest-candidate-flints-bizarre-mayors-race

Law Enforcement & the Veteran Population: Safe & Effective Interaction

As City Prosecutors and Municipal Attorneys who also work with Veterans, we highly recommend attending this event if you are a law enforcement officer, prosecutor, or court personnel in SE Michigan. Check out this flyer for more details on this FREE event that promotes safe and effective interaction between law enforcement, court personnel, and our veteran population - May 12 & 13, 9 am - 1 pm with lunch included!

Bernstein Dissents from Supreme Court’s Ruling to Overturn Appeals Court’s Decision on a City Park Commission, Governmental Immunity

The Michigan Supreme Court, in a 6-1 decision, held that the Court of Appeals was wrong to rule on whether a park commission was a governmental entity. In one of his first written opinions, Justice Richard Bernstein dissented.

Case: Nash v. Duncan Park Commission. You can read the 2 page Order and Justice Bernstein’s dissent here: Click Here.

The case involved the death of Diane Nash’s son while he was sledding in Duncan Park. The park land was donated to the city, but how the board functioned related to whether it could claim governmental immunity. The trial court held the city could not be sued.

The Court of Appeals had ruled that the Duncan Park Commission was, in fact, not a “board” of the City of Grand Haven, and therefore was not entitled to claim governmental immunity in tort liability.

The Michigan Supreme Court rejected that ruling, as the majority stated the issue of whether the commission was a governmental entity was not raised and therefore the Court of Appeals should not have reached such a decision on its own.

However, Justice Bernstein would have left intact the Court of Appeals ruling in order to emphasize that simply designating a commission as a “board” does not transform a private entity into a “political subdivision” of a governmental entity. Justice Bernstein stated, “[G]overnmental immunity should not be so readily accessible to an entity operating without governmental oversight in a manner similar to a private entity.”

And, the Court of Appeals and Justice Bernstein agreed, the Duncan Park Commission operated independently and autonomously from the City of Grand Haven as a private body that administers privately held land. The majority on the Supreme Court simply held that the Court of Appeals should not have reached such a conclusion on its own, without the issue being raised previously.

Fausone Bohn, LLP represents municipalities in Western Wayne County and has experience handling issues of governmental immunity and “political subdivisions” of a city. If you need counsel or advice on municipal law issues, the team at Fausone Bohn, LLP is here to help. Contact us today at (248) 468-4536 or online at www.fb-firm.com. 

Could Same Sex Marriage Case Affect Same Sex Adoptions in Michigan?

Melissa Cox, Esq.

A Michigan same-sex couple, April DeBoer and Jayne Rowse, have been at the center of the recent news coverage on the upcoming United States Supreme Court case on same sex marriage. The Supreme Court heard arguments on the case last week.

DeBoer and Rowse are both nurses who have each separately adopted two children. The Michigan Adoption Code allows individuals or married couples to adopt but not two unmarried persons.  Effectively, the law does not permit same-sex couples to jointly adopt.

The couple originally did not expect to be leading the way on marriage equality. However, after a health scare with one of their sons and a near-miss on what could have been a deadly car accident, they started to look more closely into the state’s laws. The couple discovered that if one of them died, a judge could give the children to someone other than their partner.

That led to their challenge of Michigan’s marriage law.

An estimated 110,000 thousand children across the country live with gay parents. If the Supreme Court strikes down same-sex marriage prohibitions, then states like Michigan that currently ban same-sex marriage would almost certainly see an increase in adoptions by same sex spouses.

If such couples are allowed to legally marry after the Supreme Court’s decision, then, DeBoer and Rowse, for example, could jointly adopt their four children together through a stepparent adoption, whereby a child can be adopted by their legal parent’s spouse.

However, other types of adoption may not increase so easily, as efforts are already underway in Michigan and other states that would may preempt the Supreme Court’s impending decision on gay marriage. In particular, legislation was recently introduced that would allow an adoption agency to select who they service based on “sincerely held religious beliefs contained in a written policy” (of the adoption agency).

Thus, whatever the Supreme Court’s decision on gay marriage, it appears the debate over same-sex adoption will continue in the coming years.

If you have any questions about adoptions in Michigan or questions about the Michigan Adoption Code, don’t hesitate to contact Attorney Melissa Cox. The adoption process can be complex, and at Fausone Bohn, LLP we serve as strong client advocates. Contact our Metro Detroit Office today at 248-468-4536 or visit us online at www.fb-firm.com.

You can read more on the upcoming Supreme Court case here: http://www.npr.org/2015/04/20/401007033/meet-the-accidental-activists-of-the-supreme-courts-same-sex-marriage-case

Nursing Homes Requiring Families to Sign Arbitration Agreements Before Admittance

Daniel J. Williams, Esq.

Recent news out of Oklahoma shows why having competent legal representation is important if you are looking for a nursing home for a loved one. And, importantly, having such representation before making the choice of which nursing home to go with.

Many of Oklahoma’s 300-plus nursing homes require potential residents to sign arbitration agreements prior to their being admitted to the nursing home. The arbitration agreement means that the family would be bound to arbitration if a disagreement over care arose, which would effectively strip the family’s ability to sue in court. And the damages awarded in arbitration would probably be less than if a civil suit in court were filed.

Arbitration is an alternative form of dispute resolution that takes place outside the courts. While this method has its uses, it can limit the rights of victims of elder abuse.  

Other downsides of arbitration in the case of potential nursing home abuse include: enforcing an award to be paid can be more complicated, the proceedings can be made confidential, which allows the nursing home to potentially cover up their wrongdoings, and there are limited avenues for appealing a bad decision, among other negatives.

If you are considering putting a loved-one in a nursing home, you should contact a knowledgeable elder abuse or elder law attorney to review any agreements the nursing home might have you sign prior to admittance. Planning ahead of time can help prevent possibly tragic situations of elder abuse; and, you can ensure that if anything does go wrong, you will have legal recourse to seek justice and compensation.

Even if the state prohibits such arbitration agreements, as they do in Oklahoma, nursing homes could argue that such agreements are permissible under federal law. That is the argument the Oklahoma nursing homes have made.

You can read more on this issue in The Norman Transcript:

http://www.normantranscript.com/news/oklahoma/many-nursing-homes-require-families-to-sign-arbitration-agreements-before/article_09d84ebf-21c4-5b42-8f63-a3bc64d70437.html

Daniel J. Williams is an Elder Abuse Attorney with Fausone Bohn, LLP. The firm has former prosecutors and experienced attorneys who can help you and your family right the wrongs done to your loved one, whether it be nursing home abuse or financial exploitation. Call the Metro Detroit Elder Abuse attorneys today, at (248) 468-4536, or visit us
online at www.fb-firm.com.