Medical Power Of Attorney Kansas: Fill & Download for Free

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Is living with someone for years considered marriage by law? Why or why not?As with everything else, in the US it depends on where you are and how, exactly, you were living together. Just living together isn’t enough in any state to grant you common law status.Common law marriages are only recognized in: Alabama, Colorado, District of Columbia, Georgia (if created prior to 1997), Idaho (if created before 1996), Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Ohio (if created prior to 10/1991), Oklahoma, Pennsylvania (if created before 9/2003), Rhode Island, South Carolina, Texas and Utah. However, if establish a common law marriage in one of those states, all other states must recognize it, under federal law.Note that common law marriage does not have the inheritance rights (in community property states) that a legal marriage does, except in New Hampshire. So if your partner dies, you, as the surviving “spouse”, do not automatically inherit his/her half of the marital assets like a legally married widow(er) would do. That’s easily solved, though, by having a Will that specifies the inheritance and/or other legal documentation establishing your right to inherit property and possessions.Among the major requirements for establishing a common law marriage is that you have to TELL people you’re married and you have to ACT like you’re married. That means joint bank accounts, using the same name (sometimes), buying/renting property together - in short, everything a married couple would do, you have to also do.Two major items to be aware of, as well:If you have an established common law marriage, you MUST get a divorce to end it. You can’t just walk away free-and-clear.As a common law spouse, if your partner becomes ill or disabled and unable to make medical decisions for him/herself, you may find yourself being passed over and his legal next-of-kin making all those decisions. Make sure you have a Medical Power-of-Attorney on each other and that problem should be solved.Fact or Fiction: Five Myths about Common Law Marriage

When John R. Brinkley moved to Milford, Kansas in 1917 to begin a medical career with nothing more than a joke degree from a diploma mill in California and a three-piece suit, one of his first patients was a farmer who struggled with sexual impotence. He told Brinkley about his issue, and the young doctor broke the bad news that medical science simply hadn’t solved that problem yet.The farmer took it in good humor and gestured over his herd of goats, animals that are infamous for their seemingly unlimited virility.“Too bad I don’t have billy goat nuts,” he chuckled.And on the spot, Brinkley came up with something he called “Goat Gland Cure.”Meaning that he would literally take goat testicles, insert them into your scrotum, and you’d be healed.Brinkley claimed that it will cure impotence of course, but also other illnesses like flatulence and stomach cancer. The farmer is his first patient, things go well, and positive word of Dr. Brinkley’s goat gland surgery spread across Milford for one simple reason.Impotent men would get this surgery, and if their issues were psychological in nature, the placebo effect would cure them, and they would believe Dr. Brinkley truly could work miracles. The men that it doesn't work on are too ashamed to say anything about it. Either way, Brinkley wins.To be clear, this entire idea is completely insane. You cannot cure sexual dysfunction by inserting goat balls into yourself. But slowly, the people of Kansas came to believe that it worked.Helping Brinkley’s case was that he was a phenomenal speaker and an even better advertiser who had a way of putting the nervous at ease. He was also young and handsome with round glasses and a blond goatee. Everybody’s idea of what a smart doctor should look like.Even while perpetuating this increasingly popular goat gland scam, Brinkley worked on the side as a telegrapher. Thus, when the radio was invented, Brinkley was among the first to see it’s power.The combination of radio and John Brinkley would be a match made in hell.Brinkley jumped on the radio train right away. He built a 1-kilowatt radio tower and began to hawk his treatments (including his goat gland transplants) to the people of Kansas. He intermixed this shameless self-promotion with incredibly popular programs including early country music, astrological forecasts, and a “medical question box” in which listeners submitted their medicinal issues and Brinkley recommended medications (coincidentally only available from his own pharmacies) that he assured would cure them. Brinkley becomes the wealthiest man around. He pays for sidewalks, sewers, and streetlights in Milford. He buys the town a new hospital. He even sponsored a little league team who (fittingly) called themselves the Brinkley Goats.Then came the first roadblock of Brinkley’s meteoric rise. The American Medical Association shut down the diploma mill from which Brinkley had received his medical degree and came to take him back to California for trial. Brinkley appeals to the governor of Kansas who refuses to extradite him because his new surgery was making the state so much money.The American Medical association wasn’t so easily dissuaded. They appealed to the Kansas Medical Board, who had been watching Brinkley with concern. Eventually the Kansas board called a hearing at which they revoked his medical license in Kansas on the grounds that implanting goat balls into human scrotums wasn’t a valid medical practice. Brinkley was incensed by this, and launched a campaign for Governor of the state of Kansas. He used his vast radio platform and ties to celebrity country artists to run a write-in campaign, with the goal of appointing his lackeys to the Kansas Medical Board and reinstating his license. A central tenant of his campaign was a vow to create a lake in every county of Kansas. He ranted about how he was being “persecuted by the elites” who were afraid of his “medical miracles.” He compared himself regularly to Jesus Christ.But his obvious batshit insanity doesn’t matter. Brinkley can reach thousands of people, directly in their homes, for hours every day, with nobody to contradict him. The power of radio propelled Brinkley to the front of the gubernatorial election.Three days before the election, the Kansas Attorney General (who had been partially responsible for the removal of Brinkley’s license in the first place) announced that only ballots written in as “J.R. Brinkley” would count, and other spellings or versions of Brinkley’s name (such as writing in John Brinkley) would be thrown out. An estimated 50,000 votes for Brinkley were discredited, and he lost a close election to Harry Hines Woodring who later admitted that Brinkley would’ve won if those votes were counted.After the election, the U.S. Federal Radio Commission refused to renew his broadcasting license. Brinkley seemed to finally realize his time in Kansas was done, and he packed up and moved to Del Rio, Texas, just a couple of miles from Mexico. But the saga of John Brinkley was far from done. He wasn’t allowed to broadcast from towers in the United States. But if he built a powerful enough radio tower in Mexico, it would still reach much the entire country, and the U.S. Federal Radio Commission couldn’t do a thing about it.So that’s exactly what Brinkley did. He continued to peddle his medical treatments, but now instead of just Kansas, Brinkley had access to the airwaves of the entire United States. It’s worth mentioning that this scam had made Brinkley one of the richest men in Texas. His mansion included a stable of a dozen Cadillacs, a greenhouse, a fountain garden with over 8,000 bushes and exotic animals imported from the Galapagos.The American Medical Association wasn’t blind to this. They passed a series of laws aimed at stopping Brinkley’s broadcasts, which he either ignored or worked around. These increasingly specific laws culminated in the Brinkley Act which made it illegal to run a telephone line from your house in Texas to a radio tower in Mexico.Yes, that’s the entire law.But Brinkley simply began to pre-record his shows at his house and drive them over the Mexican border to his radio towers.Realizing that legislation wouldn’t stop a man of John Brinkley’s slipperiness, resources, and megalomania, the American Medical Association’s Morris Fishbein published a series titled “Modern Medical Charlatans.” In it, he included a thorough takedown of Brinkley’s medical practices, including his infamous goat gland treatment, and his lack of any medical education. Just has he had hoped, Brinkley promptly sued him for libel.This would prove to be John Brinkley’s fatal mistake.Fishbein took him to court. For something to be defined as libel, it has to be provably untrue. For the first time in his entire career, John Brinkley would have to prove before a judge and jury that he was prescribing medically fit practices and his degree was legitimate.At the trial, the American Medical Association gave Brinkley both barrels. Medical expert after medical expert testified that the goat gland surgery was dangerous and didn’t help in the slightest and that his medicine he sold at exorbitant prices was either no more than colored water or in some cases was actively dangerous to consumers.To the surprise of no one, the court found Morris Fishbein not guilty of libel. And John Brinkley, an incredibly popular figure, had been publicly exposed as nothing more than a scam artist.More lawsuits started to roll in after that. The Kansas Medical Board dug up 42 death certificates from Brinkley’s clinic back in Kansas. Brinkley was known to operate drunk or in unsanitary environments, and unsurprisingly, people who went into his clinic didn’t always leave.As podcast host PJ Vogt expertly put it, the harm Brinkley did extended far beyond those 42.“The 42 death certificates, they only represent people who died in Brinkley's clinic, who Brinkley kept paperwork for. That doesn't include people who went to Brinkley's clinic, went home, and then died the day after. It doesn't include people on the radio who either took poison because Brinkley told them to, or who just didn't get medical treatment they needed because they trusted the radio doctor instead. What becomes clear in the trial is that Brinkley has probably killed hundreds of people at this point. He has become one of the most successful killers in American history. And he's done it in public view. In front of everybody.”While John Brinkley died shortly after the trial, he took an unknowable number of other people with him. And he did it with nothing but a gullible farmer, the power of the media, and an enormous quantity of goat testicles.