Will Contracts, Powers of Attorney, and Powers of Appointment Flashcards
What are some examples of will contracts?
Contracts to make a will, revoke a will, or to die intestate
What suffices to prove a will contract?
Any of:
- The will states the material provisions of the contract;
- The terms are contained in another signed writing; or
- Express reference is made in the will to the contract
What is a power of attorney?
An authorization to act on someone else’s behalf in a legal or business matter
Are powers of attorney presumed to be of a limited duration in Pennsylvania?
No, they are presumed to be durable
What is a general power of attorney?
Authorization to handle ALL affairs during a period of time when the principal is unable to do so
What is a specific power of attorney?
Authorization to handle specific functions while the principal is unavailable
What are the two types of advance healthcare directives recognized in Pennsylvania?
- Durable power of attorney for health care decisions; and
2. Living wills
When does a living will become effective?
When the patient is incompetent and has an end-stage medical condition
What is required for a durable power of attorney in PA?
- In writing;
- Signed and date by principal or on its behalf and specific direction; and
- with at least 2 witnesses or notarization
How may a health care power of attorney be revoked?
A principal of sound mind may revoke it by signed writing or by personally informing health care workers
How may a living will be revoked?
At any time and in any manner, regardless of the principal’s mental or physical condition.
Effective upon communication
When may a health care agent withhold food or water?
There is a rebuttable presumption that the patient would want this in the absence of writing
