Louisville family law blog menu

Archive for the ‘Visitation’ Category

Nursing Home Visitation Rights

Tuesday, August 30th, 2011

Federal Law Regarding Visitation

The federal law governing nursing home regulation is called the Nursing Home Reform Act of 1987. The Act says that the resident has the right and the facility must provide for immediate access to any resident by immediate family or other relatives of the resident, subject to the resident’s consent. Under the Act, visits by others are subject to “reasonable restrictions” and the resident’s consent. Consumers should note that the “reasonable restrictions” provision does not apply to immediate family and other relatives of the resident. The Act also says that the facility must provide “reasonable access” to individuals providing health, social, or legal services to the resident. These provisions of the law clearly support a resident’s right to have access to individuals of their choosing.

Why Visits Are Important

Building Relationships – Family members and friends can be important sources of information for facility staff about a resident’s past work, habits, hobbies, likes and dislikes. By visiting frequently and talking with staff, you can help build a relationship between your loved one and the staff and make sure his/her preferences are respected.

Building a relationship with staff members can make it easier to express concerns about care, and creates opportunities for giving positive feedback when care is provided well. Effective communication helps promote quality care.

Regular visitors should also build and maintain relationships with other residents and families. This practice will be helpful to the many residents who receive no visitors and may help you enlist some extra sets of eyes to look in on your loved one when you are not there.

Monitoring Care and Advocating – Family members and friends can be an important support for residents who are unable to advocate for themselves because of frailty or dementia. Frequent visits help family members and friends become familiar with the care that is being provided. This familiarity makes it easier to recognize problems with caregiving practices and can help consumers formulate suggestions for solutions based on first-hand knowledge.

]]>

Emotional Support – Moving to a nursing home can be an isolating and depressing experience. Regular visits from family and friends help keep residents connected to their social support network and the community. This support can help make the transition to nursing home life easier. A resident with dementia can often be reassured by the familiar face of a family member or friend, which may assist with her orientation to the new environment.

Privacy

One important component for a visit in a nursing home is privacy. Private space may be found in the resident’s room, on an outdoor patio, or in a vacant dining or activity room. The facility should ensure that private space is available for visits with residents.

Limitations on Visitation

Unfortunately, sometimes a facility may try to limit visitation with a resident in the following ways:

Visiting Hours – Many facilities post visiting hours. Sometimes, family members assume or the facility states that those visiting hours apply to all visitors to the facility including immediate family and relatives of the residents. Immediate family or other relatives of the resident are not subject to visiting hour limitations or other restrictions not imposed by the resident. In fact, it may be a good idea for family members to make some visits during off hours to monitor the care given to their loved one. If a visit will infringe on the rights of other residents in the facility (Ex. a noisy visit in a resident’s room if their roommate is sleeping), it is reasonable for a facility to require the visit to take place in another location within the facility.

Infection Control – When several residents have infections of some kind, many nursing homes will restrict access to particular units to try to limit the spread of infection. If you feel comfortable with the care your loved one is receiving, you should try to respect these restrictions (especially if you are susceptible to infection yourself). The facility can recommend that family members and friends not visit, but may not prohibit it unless there is an official quarantine.

Supervised Visits – Sometimes facility staff may accuse a family member or friend of frightening, upsetting, or harming the resident. The facility may then insist that a staff member supervise visits by that family member. The facility may only do this legally if they have a court order or if they have a good faith belief that there is a real and immediate threat to the safety, health and welfare of the resident. Visitors who are subject to supervised visits should seek legal counsel.

Barring visits – Very few reasons exist for a facility to completely stop visitation. The facility may only legally bar visitors if there is a court order or a good faith belief that there is a real and immediate threat to the safety, health and welfare of the resident or a serious violation of residents’ rights. The facility must then obtain a legal restraining order as soon as possible. Those who are barred from visiting may wish to contact the ombudsman or seek legal counsel providing a record of who barred them, how and why.

Power of Attorney or Guardian restricting visits – In some cases, if there is division among family members or if a resident has been assigned a guardian, the power of attorney or guardian may try to restrict visits by other family members or individuals who raise concerns about care or seem to be creating problems for the resident. Persons who experience these restrictions should investigate the state’s law with regard to guardianship or power of attorney. Even if the resident has dementia, every effort should be made to determine what the resident’s wishes are, or would have been, with regard to receiving visits from an individual. These wishes should be respected.

T. Daniel Frith, III is an attorney with Frith Law Firm in Roanoke, Virginia. He concentrates his practice on medical malpractice, nursing home abuse, nursing home neglect, lead paint poisoning, and business torts. You may view his complete profile at http://www.frithlawfirm.com/frith.htm and the firm’s home page http://www.frithlawfirm.com

Outsourcing Viewpoints: a Checklist for Making the Most of Your Provider Site Visits

Saturday, August 27th, 2011

In the wake of the Satyam scandal and the recent attacks in Mumbai, India, companies are looking more closely at being well-prepared for any provider site visits. They want to ensure they leverage their time and money as efficiently and effectively as possible. If not structured properly, a provider site visit can be just that – a “visit” and not a well-planned and executed data-gathering mission. Your visit team should strive to make it a form of pre-due diligence prior provider selection and contract signing. To make the trip most rewarding, there are several questions your team needs to answer in advance of booking flights and setting up logistics with providers to make the site visit most effective. Here’s a checklist to start with:

: Determine Your Budget – the first order of business is to decide how much you are willing to invest for provider site visits. This will determine where you will visit (locally or at a distance) and how many from your company (and the advisory firm) will attend. For example, U.S. based companies can figure an average of ,000 for business class airfare per person to India. In addition, there are other expenses including accommodations, local ground transportation, food, tips, passport, business visa, and medical preparation.: Always overestimate your expenses because you may need to adjust your schedule and extend your trip.

: Select Visit Participants – The senior executive responsible for the project should determine who needs to participate. Representatives should include executives from the functions being outsourced (e.g., the vice president of infrastructure), functional subject matter experts (e.g., the senior manager of the help desk) and business executives who will receive the services that are outsourced (e.g., the vice president of business operations). Keep in mind, the more you have attending, the more you have out of the office for an extended period of time (minimum of one week depending on number of providers visited and site locations).: Oftentimes, staff who are impacted by the decision to outsource may be reluctant to travel, especially overseas as they may see this as a big commitment and the final step toward a change in the way they operate. The senior executive needs to encourage those to participate so they can be there to ask the right questions and see firsthand what can be delivered by the providers.

: Determine Visit Objectives – Your team needs to determine what your purpose is for these visits. The site visit team should create at least three primary objectives. This will drive your entire agenda going forward.: Don’t have a small select group determine the visit objectives. Broaden the involvement so everyone owns the outcome. Otherwise, for the rest of the team, it is “their” visit, not “our” visit.

: Decide When to Visit – Once you finalize your visit objectives, determine when you will make the site visits based on how you have structured your bid process. In some cases, clients want to visit all providers who are responding to the request for proposal (RFP). In other cases, the client wants to visit only those that are the two or three finalists.: Make sure you understand if there are any national or religious holidays that could impact your trip. Don’t assume that providers will accommodate you at just any time.

: Identify Sites to Visit – Every provider has at least one showcase location they want you to visit. To use your time effectively, your sourcing advisor should contact each provider candidate and request a list of the provider’s Centers Of Excellence (COE) for the particular industry and function your company is seeking to outsource. Once armed with this information, it is easy to decide which locations are primary and secondary candidates to visit. The provider’s goal is to get as much face time as possible in front of their clients. The theory is the more time they have, the less time other providers will have in front of the client. As mentioned previously, it is costly to make these visits so you want to maximize your return by visiting the right location(s).: To keep your costs in line, you may need to compromise and visit a provider’s site that is not a COE. These are some of the tradeoffs you will need to make to keep your expenses in line as you move forward with the selection process.

: Sooner than Later – Planning as far in advance as possible will keep your costs down (better rates on flights) and allow you the time to get your travel documentation (e.g., provider invitation letters, passports, business visas) and health requirements (e.g., shots, prescriptions, medical insurance coverage) in order. Check with your company’s travel office early in the process for the proper documentation required for the country(s) you are visiting. Coordinating business visas can be very time consuming. On-site logistics are critical to effectively manage time and meet your visit objectives. Your team should determine the “visit agenda” based on your visit objectives. This will include a daily logistics plan and specific questions for each provider.: Check your company’s overseas medical insurance coverage. Ask if your policy applies overseas and if it covers emergency expenses such as medical evacuation. If it does not, consider supplemental insurance.

: Assess Providers’ Capabilities and Culture – Providers should be evaluated after each interactive session across three primary parameters:

– Is there a match between our company cultures? Can we work with this team?
– Will they leverage industry standard processes effectively to benefit our project? Will we have to alter our methods to adapt to the provider’s process?
– What technology does the provider bring to the project that will give us a competitive advantage in the marketplace?

Create evaluation criteria and ensure it maps to your visit objectives and each item in your agenda. This step cannot be understated.: Each provider should be objectively scored after each visit and discussed in a daily debriefing session. It is best to capture this information while it is still fresh in the minds of the visit participants.

: Register with Your Country’s State Department – It is recommended that you register with your state department so they can better assist you in an emergency. This will help them contact you if there is a family emergency in the United States, or if there is a crisis where you are traveling. In accordance with the Privacy Act, information on your welfare and whereabouts will not be released to others without your express authorization.: Leave copies of your itinerary, passport data page and visas with family or friends so you can be contacted in case of an emergency at home.Provider site visits are only one element in the overall decision making process. Whether you travel a long or short distance for a provider site visit, there is a significant expenditure of time and money. The adage, “what you put into something has a direct correlation of what you get out of it” is most certainly true with provider site visits. When conducted properly, the investment you make now will give you a good return on investment in future years.

Randy Vetter is a director at Alsbridge, Inc., the independent advisory firm that helps organizations conduct thorough evaluations of outsourcing options for operating their information technology, finance and accounting, and human resources organizations.

India Travel – Visit India 2010 For The Special Day

Sunday, August 21st, 2011

India has richest culture and civilization of the world, it is also known as the land of diversity and its diversity can be seen in its culture, tradition, and geography. India tours take you a tour of a country where its magical charms have fascinated tourists for ages and still today travel in that country is full of surprises. The wide variation in natural environment has resulted in the evolution of a unique culture. With so many variations and diversities, there is so much to explore in India.

One can admire the charm of countless monuments, Snow clad mountain peaks of mighty Himalayas, verdant hill stations, breathtaking beaches, lovely lakes, gushing waterfalls, enchanting rivers, scenic backwaters, magnificent monuments, cultural heritage, fantastic forts, elegant places, terrific temples, intricate churches, colonial homes, wildlife parks & sanctuary, bird sanctuaries, dense forests, beautiful  landscapes and of course generous peoples, etc are the amazing and magical land called India. Travel freaks and holiday makers are making beeline at Indian consulates at various countries for tourist visa to India to have glimpse at its splendid natural scenery and marvelous landmarks.

India has almost everything which is necessary for a prime tourism destination in the world. The Prime elements of India Tourism are, Culture tourism, adventure tourism, wildlife tourism, heritage tourism, monument tourism, beach tourism, hill station tourism, backwater tourism, nature tourism, eco tourism, village tourism, medical tourism, monsoon tourism, etc are appeal tourists from all over the world for India tours and travel. During your travel you will have a brilliant opportunity to observe rich culture and civilization of the country.

India Tour is truly a pleasant experience. If you too want to enjoy mesmerizing fascination of India tours, and need of a reliable travel agent in India. Visit TnT. Com offers you Cheap and customized travel packages, excellent tour and travel services in India, etc are some of our features which make us apart from other travel agents. We offer proper guide of travel tours and complete information about travel and tourism in India. Give us an opportunity to serve you and travel India with more and more preferred way. For more Detail Please surf on Links below : India Travel, India Viajes

Raj has special interest in article writing. He writes article for Visit TNT.com. It is one of the Country’s most Experienced Travel agencies. He recommends you to visit : India Tours

Visit India – Explore The Incredible Beauty Of India

Saturday, August 20th, 2011

As you Visit to India, you would be simply fascinated by the scenic splendor and diverse culture and heritage of the country. For getting a feel of the beauty and charm of the country, embark on trips to various parts of the country. Some of the most important sightseeing are Mighty Himalayas, majestic rivers, arid deserts, splendid sea, beautiful beaches and coastlines make India a paradise for all the nature lovers. There are many explored and unexplored regions that await the visitors with its vibrant beauty.

If you travel to India, make sure to come to Rajasthan. A trip to this state will help you experience the rich history and culture of India. Important stops in the Rajasthan are Jaisalmer, Pushkar, Bikaner, Alwar, Ranthambor, Mount Abu, Ajmer, Jaipur, Jodhpur and other popular tourist attractions. You can also undertake luxury Rajasthan tours. They consist of accommodation in premier luxury and heritage hotels in the state in addition to great sightseeing trips.

]]>

Come and experience to places like Goa, Andaman and Nicobar, Lakshadweep, Kerala and other places and enjoy a charming vacation amidst scenic charm. The beaches of India are must see destinations in India travel trips. The beaches of South India, especially Kerala are scenic and beautiful. So are the backwaters of Kerala. Kerala tours give you an essence of God’s Own Country.

There are also provisions for various types of water sports and recreational activities in these places. Couples who travel to India for a charming honeymoon can go to places like Ooty, Darjeeling, Shillong, and Kashmir, Shimla, Manali and other places.These hill stations of India offer a great retreat for newly wed couples on a honeymoon. Pay out some days amidst scenic beauty and add spice to your married life.

India is also blessed to have Taj Mahal, a wonder in marble that has been lauded as one of the ‘Seven Wonders of the World’. Taj Mahal tours and several other North India tours bring you to the city of Taj. Get a taste of sun, sand and air by exploring the coastlines through India tours. In addition to these, there are plenty of other tours for tourists who travel to India. Some of the tours are South India tours, Golden Triangle travels, North India travels, Kerala backwater travels, wildlife tours and lots more.

India Tours, India Viajes

Raj has special interest in article writing. He writes article for Visit TNT. It is one of the Country’s most Experienced Travel agency. visit our web page – India Travel

Visit Taj Mahal – A Great Wonder Of India

Friday, August 19th, 2011

Taj Mahal “The symbol of ” is situated in Agra, The of Agra is very famous as they take tourists closer to the monument of pure and eternal love. It is built by the Mughal emperor Shahjahan in memory of his beloved wife Mumtaz Mahal. Standing grandly on the banks of River Yamuna, the Taj Mahal is synonymous with love and romance.

The purity of the white marble, the delicate ornamentation, expensive gemstones used and its picturesque location, all make Taj Mahal travel increase a place amongst the most popular ones. The Taj Mahal tour of Agra is thus truly enthralling and visitors are charmed by the beauty and glory of such a great work of art. Tourists in large numbers flock at the venue of the monument.

It is India’s most renowned monument and is also one of the Seven Wonders of the World. The splendid Taj Mahal monument is more than 350 years old. A combined workforce of 20,000 people toiled hard for 22 years to build this structure, which clearly surpasses everything else in beauty and elegance. It is also amazing that the Taj Mahal in Agra cost the exchequer 32 million rupees even at that time.

India journey is incomplete without experiencing the Taj Mahal. This supreme temple of love has become the monument of a man’s love for a woman. The color of the Taj changes with every change that takes place in the sky. The golden pink Taj at dawn turns into dazzling white at noon. Giving way to the sultry orange at sunset is the milky blue at night. Viewing the Taj on Full moon nights is a blissful experience. One visit to experience the architectural beauty of Taj is a must for everyone. And once there, you will obviously feel like re-visiting it. For more on Taj Mahal click on the web page links mentioned below:

Taj Mahal Tour, India Tours

Raj has special interest in article writing. He writes article for Visit TNT. It is one of the Country’s most Experienced Travel agencies. He recommends you to visit – India Tour Operator, Incredible India 2010

India Travel – Experience The Most Visited Destination Of India

Tuesday, August 16th, 2011

India is known as the land of culture, tradition, and geography. Each part of India is worth exploring and worth enjoying whether they are east India or west India south India or north India. Wildlife, hill station, beach, ancient Ayurveda, backwater, Adventure, Cultural, monument, village pilgrimage, monsoon, etc are also predominant tourism options available in this country. Each and every state of is so beautiful and colorful that the visiting this region lost their heart and gain peace of mind and soul. The variety of adventure activities that an adventure enthusiast can find in India cannot be find anywhere else in the world. Ladakh is renowned for its remote mountain beauty and culture, Agra Taj Mahal, the true glory of this , Snow capped Himalayas, Jammu and Kashmir, The Golden Desert Rajasthan, Azure Beaches and Backwater of Kerala and The Pearl of the Orient Goa, and Uttar Pradesh are the states where one can find in .

India has a lot of importance in terms of tourism which help spending a perfect holiday. From being a cultural destination for decades, India has now got incarnated as one of the most sought after adventure destinations for tourists from worldwide. This South Asian nation surpasses all other countries in taking the adrenalin of adventure buffs to great heights. You will defiantly find unique charm and favorable ambiance in each part of the country. During your travel you will have a brilliant opportunity to observe rich culture and civilization of the country, You cannot find so alluring and so many tourism options in other countries. Definitely you won’t go without impress and your tours to India will be a pleasant experience which will last forever.

So get ready to explore India and Indian history for more information about India visit. We have a number of designed specifically for you. If you do not find a suitable package, you can send us a request stating your requirements we will definitely deliver it to you. You can also suggest your own itineraries for

India Travel, India Tours

Raj has special interest in article writing. He writes article for Visit TNT.com. It is one of the Country’s most Experienced Travel agencies. He recommends you to visit – Incredible India, India holidays

Visit Ladakh – A Glorious Land Of Surprises

Sunday, August 7th, 2011

Ladakh is the highest and the most popular place in India. It is bounded by world’s two mightiest mountain ranges the great Himalayan and the Karakoram, It lies athwart two others The Ladakh and the Zanskar range. The grandeur of snow-capped mountains around small and narrow river basins and its picturesque location of monasteries, the rich ancient Buddhist monuments, the traditional folk songs and folk dance, all go in to make this unique mountain abode of man, a great attraction for tourists of all categories. Ladakh is also home to four major mountain ranges: the Great Himalayan, Zanskar, Ladakh, and Karakoram, the land offers overwhelming natural beauty summoning the more intense and adventurous visit that appeal the tourists. The magical beauty of the region is totted up with the charming disposition and simplicity of the Buddhist people and the beautifully decorated monasteries contrast the comparatively harsh vicinity of the land.

It also attracts the more intense and adventurous of travelers. The overwhelming wilderness and magic can only belong to this great land of towering mountains and Buddhist simplicity. Its landscape, sky, shooting stars, silence, wizened faces, rosy cheeks, dragons and Zen – everything also makes Ladakh a quite place to visit. There are a number of interesting places and monasteries to visit in and around Leh, such as – The Leh Palace, the monasteries of Shey, Hemis, Alchi, Thikse and Lamayuru. Ladakh is a glorious land of surprises; it is also a land of enthralling natural beauty and diversity that can easily fascinate even the most seasoned traveler.

]]>

The Hemis monastery is the largest monastery in Ladakh. Hemis is especially renowned for a huge painting of the Buddha, which is displayed to the poublic once in 11 years.

The Thikse monastery, near Leh, is considered to be an architectural wonder. The Shey monastery has a huge gold-plated copper statue of the Buddha.

Sankar Gompa, 3-km north of the town centre, is among the most accessible monasteries in central Ladakh – hence its restricted visiting hours for tourists

Driving past on the nearby Srinagar-Leh highway, you’d never guess that this is one of the most significant historical sites in Asia.

Dah and Hanu are places on the far side of the great Indus River on the far side of Leh. Surrounded by the great Hindu – Kush mountains and peopled by a hardy but gentle people who have a bank of strange legends to relate for the weary traveller’s ears.

The Hemis High Altitude National Park includes the catchments of two valleys, which drain into the River Indus. It is named after the famous monastery – Hemis, and sprawls over 600-sq-km in the Markha And Rumbak valleys.

Ladakh Travel, India Tours

Raj has special interest in article writing. He writes article for Visit TNT. It is one of the Country’s most Experienced Travel agencies. He recommends you to visit – India Travel, India Viajes

Constructive Strategies for a Child Custody Attorney

Thursday, August 9th, 2007

An especially nasty custody dispute has caused me to begin searching for a more constructive way to prepare parents for custody actions. I have begun to realize that a parent’s goals at the outset of a custody action can greatly influence whether or not the parties can come to a resolution that leads to productive co-parenting. I was excited to come across an article about setting goals that offers some guidance. Thank you to Dick Price of Divorce and Family Law in Tarrant County for tackling the subject.

A Win Win Custody Battle Strategy

Many times, at the start of a divorce, parents see custody of the children as an either-or situation: one parent has custody and the other is relegated to a visitation/possession schedule. In situations where both parents sincerely would like “custody”, and it’s not just a strategic move for some ulterior purpose (such as gaining more property or paying less child support), the either-or/win-lose mind set can lead to really damaging actions by both parties. In such an approach, the natural inclination, often encouraged by attorneys and friends, is to attack the other parent. Many people think they should devote a lot of energy to proving the other parent is “unfit”.

Actually, it is often true that both parents are good parents, which makes it really hard to prove each other unfit. Attacking each other is expensive in the short-term, both financially and in terms of relationships, and it’s probably not really very persuasive with a judge or jury. It’s hard to keep a good relationship with someone who is saying terrible things about you in public. Judges want to know what good parenting qualities each parent has. In reality, one of the most important factors is who has spent the most time with the children, although there can be many things that are influential.

Instead of limiting yourself to only two options, winning it all or losing, there is another, more productive way to approach the custody issue. The approach may require more maturity than some parties can muster, but, for those able to shift gears, think rationally and be patient, the following approach can be rewarding for them and their children. These steps can lead to a better solution for all, especially the children.

1. Think about, discuss and decide what your ultimate goals are for the kids. What outcomes would you like to see? Many people would want some of the following (or similar) goals:

The kids having a great relationship with both parents
The kids having a great relationship with their extended families
Financial security for the children
Having a safe, secure home for the children
Having good schools for the kids
Providing for a college education for the children
Providing sports opportunities for the children
The opportunity for the kids to learn music, art or other interests

Each parent can decide what he or she thinks would be important goals for their children. Broader, underlying goals are more helpful and meaningful. If both parents think of goals in broad terms, they often can agree on them.

2. Look at the big picture. What are the resources to work with:

Financial abilities of the parents
Parental/family member time available
What homes and schools are available and affordable
What the parents’ neighborhoods are like
The existing relationships between parents and children and the roles each parent plays with the children
What community resources are available
What special needs, if any, a child has
What interests the child has

3. Brainstorm options. Think up as many different solutions as you can. Sometimes it is helpful to get help from a parenting expert. Spend some time and try to be non-traditional or unconventional. Don’t limit yourself to “standard” solutions. Open up your thoughts to come up with some crazy ideas because they might just turn into good ideas.

4. Evaluate your options. See if they can help achieve your identified goals. Criticizing and testing your options can lead to the discovery of other ideas and can help you narrow down the choices until you are left with an idea or ideas that work.

Implementation: This process can helpful if just you do it, but it is really better if you can do it with the other parent. Collaborative Law is one way to accomplish that. This is actually a very common approach to problem-solving in Collaborative Law. Even in traditional litigation, you can use this system alone or together with the other parent. If you work on this alone, you can create a better plan to present in court or in negotiations. If both parents work together through this process, there’s an excellent chance they will reach an agreement that will be satisfactory to both parents and to the children.

Source for Post: Divorce and Family Law in Tarrant County.

Also, thanks to Kansas Divorce and Family Attorney for bringing this article to my attention