Pg 40 Flashcards
What is a limited power of attorney?
This grants only certain powers. I.e.: investment instructions, limited number of bank accounts you can access, time period, specific task, etc.
What is a durable power of attorney?
This continues even if the principle becomes incapacitated. It usually involves language like, “this power of attorney will continue to be effective even if I become incapacitated.“ It ends at death after the remains have been disposed of.
What is a medical power of attorney?
This is an advanced healthcare directive where the person makes healthcare decisions for himself through a directive that says what his wishes are about refusing or terminating medical treatment, and he appoints an agent to make those decisions for him.
What is the order for next of kin for making medical decisions about someone once they become incompetent if there is no power of attorney?
Spouse, adult child, parent, adult sibling
What kind of decisions does a medical power of attorney holder make for the principal?
He tries to make decisions based on what the principal would have chosen in that situation.
What was the first state to authorize physician assisted suicide?
Oregon
What is physician assisted suicide?
Doctors cannot be criminally or civilly liable for prescribing a lethal dose of medicine to an adult if certain conditions are met:
- patient has an incurable disease
– is likely to die within six months
- patient makes multiple separate requests, at least one of which is in writing
- patient notified the next of kin
– there’s two waiting periods of 15 days and then two days
Does California allow physician assisted suicide?
Yes
What are the states that allow physician assisted suicide?
California, Colorado, Montana, Oregon, Vermont, Washington
What is involved in organ donation?
A person can give their body to a hospital, doctors, medical school, or body bank for research or transplantation. This can be executed by will or signed on a card
What is a living will?
A person can declare his desire to have death-delaying procedures withheld or withdrawn if he’s been diagnosed with a terminal condition by a physician
What are the advantages of a living will?
It ensures that your rights are respected if you can’t actively participate in decision-making regarding your health plus your family does not have to make hard decisions
What are the requirements for who can execute a living will?
Anyone that is 18 or older can do it. It must be in writing, signed, and have two independent witnesses
When does a living will take effect?
Once the person has been diagnosed with a terminal condition and his physician verifies that the information in the writing is part of the medical record
What are ways that you can revoke a living will?
Burning, tearing, destroying, defacing, signing a written revocation, making an oral revocation in the presence of a witness that is 18 years or older who then puts it in writing for you, etc.
What is a future interest?
The possibility of possession of property at a future date
When do future interests apply?
When a future taker dies too soon. These are often seen in places like trusts that have successive beneficiaries
If a trust provides that A [wife] get income from trust corpus for A’s life, and on her death, the corpus is distributed to B [kid]. What happens if B dies before A?
Discuss both of these on an essay because you never know which way the court will come out on a given case:
- B’s interest is treated as not vested until he was ALIVE AT A’S DEATH: the property reverts back to the testator’s estate and goes over to the residuary devisees or intestate
– CL approach: B’s interest is treated as vested in B when the trust was CREATED: B’s right to the property was effective on the trust’s creation, so the property belongs to B on A’s death, and since A is dead, it becomes part of his estate and other passes under his will or intestate
When is an interest in property considered to be vested?
If the right in the property currently exists. You don’t have to possess the property right then for the interest to vest as long as the interest presently exists.
If someone wants to sell a future interest, what is crucial?
They must have a vested interest in the property
What does it mean to say that the law prefers early vesting?
This is meant to avoid confusion about whether someone has an ownership interest. The law prefers that a future interest vests on the creation of a trust, so that it goes to that person‘s estate no matter what.
What is the big question to ask when the word “surviving“ appears such as “property goes to my surviving grandkids“ in order to get extra points on an essay?
There is ambiguity sometimes about what is meant by surviving and it hinges on who has to be survived:
– does the beneficiary have to survive the testator?
– or does the beneficiary have to survive the initial person that has a present interest?
There are good policy arguments on both sides so on an essay spot this issue, and articulate plausible arguments on both sides
When is survivorship determined?
At the time of distribution
