Pg 40 Flashcards

1
Q

What is a limited power of attorney?

A

This grants only certain powers. I.e.: investment instructions, limited number of bank accounts you can access, time period, specific task, etc.

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2
Q

What is a durable power of attorney?

A

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.

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3
Q

What is a medical power of attorney?

A

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.

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4
Q

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?

A

Spouse, adult child, parent, adult sibling

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5
Q

What kind of decisions does a medical power of attorney holder make for the principal?

A

He tries to make decisions based on what the principal would have chosen in that situation.

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6
Q

What was the first state to authorize physician assisted suicide?

A

Oregon

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7
Q

What is physician assisted suicide?

A

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

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8
Q

Does California allow physician assisted suicide?

A

Yes

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9
Q

What are the states that allow physician assisted suicide?

A

California, Colorado, Montana, Oregon, Vermont, Washington

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10
Q

What is involved in organ donation?

A

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

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11
Q

What is a living will?

A

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

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12
Q

What are the advantages of a living will?

A

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

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13
Q

What are the requirements for who can execute a living will?

A

Anyone that is 18 or older can do it. It must be in writing, signed, and have two independent witnesses

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14
Q

When does a living will take effect?

A

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

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15
Q

What are ways that you can revoke a living will?

A

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.

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16
Q

What is a future interest?

A

The possibility of possession of property at a future date

17
Q

When do future interests apply?

A

When a future taker dies too soon. These are often seen in places like trusts that have successive beneficiaries

18
Q

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?

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

19
Q

When is an interest in property considered to be vested?

A

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.

20
Q

If someone wants to sell a future interest, what is crucial?

A

They must have a vested interest in the property

21
Q

What does it mean to say that the law prefers early vesting?

A

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.

22
Q

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?

A

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

23
Q

When is survivorship determined?

A

At the time of distribution