Is Your Trustee Breaching Their Duty to a Beneficiary?

We often get calls from concerned family members that a trustee is not preserving trust funds for their rightful purpose and is instead using those funds for their own benefit. There are often telltale signs of an abuse of trustee power when using trust funds for an improper purpose. Commonly, a trustee may provide handwritten statements rather than bank documents or actual receipts for expenses that prevent you from determining whether the money was actually spent or whether the money was actually spent for a purpose related to the trust. Other times, a trustee may refuse to provide any documents in violation of Michigan’s trust laws.

If you have any questions and concerns regarding whether a trustee is abusing their power, please feel free to contact our office at 231-486-6556 to speak with an attorney today.

RHH Partner Named Rising Star by Super Lawyers

Matthew T. Hanley has been named a Rising Star of the 2018 Super Lawyers in the field of Plaintiffs’ Personal Injury Law.

No more than 2.5 percent of lawyers are named to the Rising Stars List. Super Lawyers is a research-driven rating system of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.

Mr. Hanley is a partner at Ranieri, Hanley & Hodek, PLC, a Traverse City law firm experienced in personal injury litigation, healthcare, and business law.

Essure Birth Control Lawsuit

RHH LAW, PLC is presently investigating injuries caused by Essure birth control. If you or a loved one underwent an Essure birth control procedure and experienced side effects, please contact us today for a free case review. 

On Friday July 20, 2018, pharmaceutical giant Bayer announced that it would discontinue sales of its Essure birth-control device. This announcement comes after the Food & Drug Administration required that women be informed of the risks associated with using Essure. (https://www.accessdata.fda.gov/cdrh_docs/pdf2/P020014S051A.pdf)

Please contact us at 231-486-6556 or info@rhhlawtc.com to get the help you deserve.

 

Registration of Your Michigan Vehicle

As both retirees and young people return to make their homes in Michigan, it is important to remember that Michigan has some of the harshest laws when it comes to registration of your out-of-state vehicle.

Every resident of Michigan who owns a motor vehicle that is driven on Michigan’s highways must register the vehicle and insure the vehicle with a Michigan no-fault policy. While a nonresident does not have to register his or her vehicle in Michigan in order to drive it on Michigan’s highways and does not have to insure his or her motor vehicle with a Michigan no-fault policy, if he or she drives the vehicle on Michigan’s highways for not more than 30 aggregate days in any calendar year and otherwise displays a valid registration and plate from his or her state of residence. MCL 500.3102(1). 

So if you have returned to live in Michigan, your out-of-state registration may not provide you with the full protection of Michigan laws and prevent you from compensation for your injuries if you are in an accident.

If a parent or loved one has been injured in an automobile or motorcycle accident, please call us for a FREE consultation so that we may learn about your case.

Court of Appeals Upholds MPSC Order in Antrim Vacuum Case

In a case that has been ongoing for 8 years, the Michigan Court of Appeals has ruled in favor of RHH partner Eric Ranieri's clients, who had sought and obtained approval from the Michigan Public Service Commission to operate certain natural gas wells under a vacuum. The case was the first of its kind in Michigan, and the PSC ruling is now binding on all future applicants.

For further information, http://www.michiganoilandgas.org/court_of_appeals_upholds

 

 

When should you contact an employment lawyer?

When you're employed!

If you have concerns about the conditions of your employment or your manager or supervisor, it is best to contact an employment lawyer while you are employed. While you should still contact a lawyer after you have been terminated, an employment lawyer can guide you in how best to proceed or direct you to appropriate resources or assist you in reviewing your employment documents. Often, employees are given an extremely limited amount of time to file a lawsuit against an employer and usually do not even know that these limitations exist. Our attorneys offer free consultations regarding your potential employment claims and are available for consultation at 231-486-6556.

Adult Foster Care Homes Are Required to Inform You About A Family Member's Accident

If you have concerns about how a family member or loved one is being treated at a Michigan adult foster care facility, ask the facility to see their "Incident / Accident Report." The law in Michigan requires small and large group homes to keep records of incidents, accidents, illnesses, absences, and deaths at the facility. You should also have concerns if an adult foster care facility did not contact you as they are required to make reasonable efforts to reach you.

Specifically,  a "licensee shall make a reasonable attempt to contact the resident’s designated representative and responsible agency by telephone and shall follow the attempt with a written report to the resident’s designated representative, responsible agency, and the adult foster care licensing division within 48 hours of any of the following:

(a) The death of a resident.

(b) Any accident of illness that requires hospitalization.

(c) Incidents that involve any of the following: (i) Displays of serious hostility. (ii) Hospitalization. (iii) Attempts at self-inflicted harm or harm to others. (iv) Instances of destruction to property.

(d) Incidents that involve the arrest or conviction of a resident..."

If you have additional questions or believe your loved one has been mistreated at  a nursing home, assisted living facility, or adult foster care home, please call us for a free consultation at 231-486-6556. 

 

Are they really specialized in Alzheimer's or dementia care?

Alzheimer's and dementia are often reasons for a loved one to require additional care and admission to a skilled nursing facility, assisted living facility, or adult foster care home. Many of these facilities often advertise as being "specialized" in Alzheimer's or dementia care. It is important to ask what specialization these facilities and their nurses or direct-care workers actually have.

The National Council of Certified Dementia Practitioners has several training programs and certifications for dementia care. The Alzheimer's association also has training programs under the trade name "essentiaALZ." Many colleges and universities also offer professional development for Alzheimer's and dementia care. It is important to ask these facilities whether their workers actually have these certifications or have undergone other training.

If you have additional questions or believe your loved one has been mistreated at  a nursing home, assisted living facility, or adult foster care home, please call us for a FREE consultation. 

 

Adult Foster Care Facilities Can Be Liable For a Resident's Wandering

Nursing home or assisted living residents may be injured or killed as a result of wandering around a nursing home, falling in the adult foster care facility, or wandering away from the assisted living facility itself. Residents often wander outside the facility, become confused and disoriented, and are exposed to the harsh Northern Michigan elements or struck by a vehicle. Wandering is often a result of cognitively impaired or disoriented residents, who may have been diagnosed with Alzheimer’s disease or dementia.

When a resident is injured as a result of wandering, an adult foster care or nursing home is often held liable for these injuries. If a nursing home employee knew that a resident was a wanderer and failed to take precautions, the facility can be held liable for the resident’s injuries and pay damages.

At a minimum, a nursing home must identify wanderers, develop prevention programs, and have a care plan in place that addresses a resident’s wandering. In Michigan, a federal district court found that a nursing home could be liable for a wanderer who escaped and suffered a head injury when it failed to monitor him even though employees were aware that he was likely to attempt an escape and were instructed to monitor him more closely.

If you have a loved one in a nursing home, assisted living facility, or adult foster care facility, ensure that his or her care plan addresses any issues of wandering, includes any prior incidents of wandering, and employs seat alarms, bed alarms or entry and exit alarms.

If a parent or loved one has been injured at a nursing home or assisted living facility, please call us for a FREE consultation so that we may learn about your case.