Category Archives: Blog

Considering Digital Assets in Your Estate Plan

August 19th, 2016 written by Lance M. McKinney

  The digital age has introduced some new twists and turns to estate planning. With computers, smartphones, and the internet playing such a major part of our lives, the need to include digital assets as part of your estate plan […]


ELDER ABUSE and NEGLECT – WHAT is it – WHO Is Accountable

May 22nd, 2014 written by Lance M. McKinney

Florida has made it state public policy to protect it’s elder population.  In particular, we have Florida Statute Chapter 415 which is titled “Adult Protective Services”.  This law defines what Elder Abuse and Neglect is and the penalties related to […]



May 17th, 2014 written by Lance M. McKinney

  HIPAA is a Federal Law with the full name “The Health Insurance Portability and Accountability Act of 1996″. Although it was enacted in 1996, the Federal rules implementing this statute were not completely enacted until December 2000 with a […]


Dealing with Hospital staff for your loved one’s care

May 5th, 2014 written by Lance M. McKinney

As an Elder law attorney, I coach clients daily on how to negotiate our health care system for their loved ones.  I coach them on the legal system and teach them how to conduct themselves.  Recent events in my own […]


Health Care Proxies

October 14th, 2013 written by Lance M. McKinney

If a patient has not previously designated a Health Care Surrogate or Health Care Power of Attorney, or if the Health Care Surrogate or Power of Attorney is no longer available, then Florida law states who can make the medical […]


8th Annual World Elder Abuse Awareness Day

June 20th, 2013 written by Lance M. McKinney

June 15th commemorated the eight year of recognizing World Elder Abuse. Elder abuse, like domestic violence and child abuse, comes in many forms. It is recognized by experts as a public health crisis for which there are no socio-economic borders. […]


Duties of Health Care Surrogates and Health Care Proxies

June 11th, 2013 written by Lance M. McKinney

Once a person accepts the role of Health Care Surrogate and/or Health Care Proxy, he or she is subject to certain duties and has certain powers, unless they have been limited by the patient. For basic information about a Health […]


What is a Health Care Surrogate?

May 28th, 2013 written by Lance M. McKinney

A question that we often receive from clients is: “What is a Health Care Surrogate?” A Health Care Surrogate is the person that is designated to make health care and/or medical decisions on a patient’s behalf, if the patient is […]


Elder Law Attorneys Observe May as National Elder Law Month

May 6th, 2013 written by Lance M. McKinney

The law office of Osterhout & McKinney, P.A. is proud to observe National Elder Law Month during the month of May sponsored by the National Academy of Elder law Attorneys (NAELA). Headquartered in Washington, D.C., NAELA was formed in 1987 […]


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