VII. Miscellaneous Related Issues

Question 1

The Rule Against Perpetuities

Answer 1

• No interest in real or personal property is good unless it must vest, if at all, not later than 21 years after some human life in being at the creation of the itnerest
• GA rule is that if there is a rule violation prsent at creation, we can wait and see for 90 years to see if the rule is ACTUALLY violated (e.g. see if the gift vests within 21 years of some life in living at the creation of the will)
• If there is a violation, court may use Cy Pres to fix rule to best accomodate settlor intent

Question 2

Gifts: Requriements

Answer 2

Valid Gift must have:

1. Donor with donative INTENT
2. actual, constructive or symbolic DELIVERY
3. ACCEPTANCE by donee

Question 3

Delievery

Answer 3

• accomplished when dominion and control over the property is relinquished
• Delivery must be ACTUAL to the extent possible
• If not possible, delivery may be
  
  • 1) Constructive (keys)
  • 2) Symbolic (deed or gift)
    *

Question 4

Gift Caause Mortis

Answer 4

gift made by a donor who ise DYING that is intended to take effect ONLY if the donor ACTUALLY DIES.

Constructive delievery is generally not allowed

Can only be made of PERSONAL property

msut be proved by at least ONE witness

Question 5

Powers of Attorney

Answer 5

All powers of attorney are AUTOMATICALLY DURABLE without saying so in GA (common, POA ceased upon incompetency of principal thereby necessatating creation of a DPOA to remain effective

Attorney-in-fact is agent-terminates upon death

Revocable if delivers written revocation to POA and anyone known to be dealing them

Can also allow them to make medical decisisons

Question 6

Healthcare power of attoren

Answer 6

• creates a medical decision maker OR certain proecdure to folllow regarding continuotion or terminatino of life-prolonging procedures

Question 7

Management in the Event of Disability

Answer 7

• GUARDIAN: if court finds someone unable to care for herself, probabe may appoint guaridan
  
  • makes medical decisions unless one is appointed under HPOA (HPOA designee has priority)
• CONSERVATOR: if indivdiaul unable to manage financial affairs, probabe court may appoint someone to take over management of individuals’ property.
  
  • INvalidates any pre-existing financial power of attorney