2011 Barbri Missouri Wills

Front 1

What are the statutory formalities for making a will?

Back 1

1. Majority: T must be 18 or over
2. Instrument must be executed w/ testamentary intent
3. T must sign will (any mark-initials, "X" will serve as signature if intended. Signature may be another person at T's direction, in T's presence)
4. Two attesting witnesses who witness T's signing (OR T's acknowledgement of previous signature or will)

Front 2

UPC: A court can validate a defectively executed will (e.g., there is only 1 attesting witness) if the will proponent...

Back 2

Establishes by clear and convincing evidence that T intended the document to be his will.


UPC: Notarized will need no witness.

Front 3

What happens if a portion of the will (e.g., clause naming personal representative) follows the testator's signature - Clause present at time of execution (UPC, Majority; Some States)? Clause added after execution?

Back 3

Clause present at time of execution:
-UPC, Majority = entire will valid (signature can appear anywhere on will)
-Some States = everything below signature = invalid

Clause added after execution: Will is valid, addition is not

Front 4

What is a holographic will? Under what circumstances is a holographic will allowed?

(UPC, some States; Half of States)

Back 4

Handwritten wills

UPC, some States: Valid if "material provisions" are in T's own handwriting and signed by T.

Half of states: Not allowed; not entitled to probate unless two attesting witnesses.

Front 5

What are the material provisions that must be in T's handwriting for a holographic will to be valid?

Back 5

1. Words that identify property
2. Words that identify beneficiaries

Front 6

Conscious presence test for attesting witness (UPC, Majority)

Back 6

Valid if W's are conscious of where T is and what T is doing.

Front 7

Scope of vision test for attesting witness (Minority)

Back 7

Valid only if W's could have seen T sign were they to look.

Front 8

With what state requirements must a will comply?
(UPC, Majority; Minority)

Back 8

UPC, Majority: Will must comply with (1) place of execution; (2) place of domicile at death; OR (3) place of domicile at execution

Minority: will must comply with law of state where property is located

Front 9

What is the interested witness rule?
(UPC/Modern Trend; Minority)

Back 9

UPC/modern trend: Interested witness rule abolished. "A will or any provision thereof is not invalid bc the will is signed by an interested witness."

Minority: only takes if there were two other interested Ws (supernumerary rule) or W would be an heir

NOTE: interested W situation frequently raises undue influence issue

Front 10

What is a self-proved will?

Back 10

At time will is signed by T and attesting witnesses (or some time thereafter, in T's lifetime), T and witnesses sign self-proving affidavit under oath before notary public. Affidavit recites all elements of due execution. Formalities of execution (but not mental capacity, lack of fraud, undue influence, etc.) CONCLUSIVELY presumed.

Front 11

Revocation by physical act requires: (2)

Back 11

1. Intent to revoke; AND
2. Physical act ("burned, torn, canceled, obliterated, or destroyed")

Front 12

Can a will be partially revoked by physical act?

Back 12

YES--depending on intent

Front 13

What is the effect of an act of revocation on one executed copy of a will?

Back 13

An act of revocation on one executed copy revokes all executed copies.

Front 14

What is the effect of writing "VOID" on the back of a will? (UPC; most States)

Back 14

UPC: will is cancelled; act of cancellation can appear anywhere on will, does not have to cross some language.

Most states: no revocation; cancellations must CROSS SOME LANGUAGE of the will (margin or back = no cancellation)

Front 15

What is the presumption: Will in T's possession from time of execution until T's death and found in mutilated condition after T's death?

Back 15

T did mutilating w/ intent to revoke.

Front 16

What is the presumption: Will last seen in T's possession and control not found after T's death?

Back 16

The reason it can't be found is that T destroyed it w/ intent to revoke.

Front 17

Under what conditions may a revocation be by a person other than T?

Back 17

Revocation by another person must be:
1. At T's direction; AND
2. In T's conscious presence

Front 18

What is a lost wills statute?

(if the will was not revoked, how could it be probated given the fact that is has been destroyed)

Back 18

Lost will requires formal proceeding where proponents have burden of proving the contents of the lost will.
(i.e., copy and 1 witness OR other "clear and convincing proof")

Front 19

What happens if attorney bungs up revocation of will or where attorney bungs up execution of will?

Back 19

Attorney can be sued in negligence for messing up T's will.

Front 20

What is a codicil?

What is revocation by inconsistency in a codicil?

Back 20

A codicil is an amendment to a will.

Codicil makes no reference to will but contains slightly inconsistent provisions, to the extent possible the will and codicil are read together. BUT to the extent of any inconsistent provisions, the later document (codicil) controls and revokes by inconsistency the prior will.

Front 21

How do you apply revocation by inconsistency in a codicil if: there are 2 wills and the second does not in terms revoke the first?

Back 21

1. If second will has no residuary clause, it is presumptively a codicil to the first (implied revocation only to the extent of the inconsistency)
2. If second will has residuary clause: second will revokes the first will in its entirety by inconsistency

Front 22

Revocation of a will revokes...

Revocation of a codicil to a will...

Back 22

ALL codicils thereto

does NOT revoke the will

Front 23

Effect of divorce on a will

Back 23

Divorce following a will revokes ALL provisions in favor of the former spouse --> construe the will as if former spouse were DEAD

Front 24

Effect of divorce and subsequent remarriage to same spouse

Back 24

Spouse is "back in"--all provisions in spouse's favor are revived

Front 25

Effect of separation from spouse on a will

Back 25

Mere separation does not affect spousal rights under will

Front 26

EXCEPTION to separation:

Effect of separation with complete property settlement on a will

Back 26

Treated as a WAIVER of spouse's rights under the will--same as if she'd died

Front 27

Will divorce revoke a provision for former spouse in T's revocable inter vivos trust?

Back 27

Yes. Former spouse is out of the will and any provision in T's revocable inter vivos trust.

Front 28

Effect of interlineation (changing a gift) be given effect?

Back 28

Gift cannot be given effect, UNLESS
1. (same sheet) T re-executes the will; OR
2. (separate sheet) T re-publishes the will by codicil

Front 29

When should Dependent Relative Revocation (DRR) be applied?

Back 29

When a revocation is based on, induced by, premised on a mistake of law or fact if court is satisfied that, but for the mistake, T never would have made the revocation.

APPLY on Bar: (1) Disregard a revocation (the cancellation of the 100 bequest); (2) Bc it was based on a mistake of law (that the interlineation would be effective); and (3) Provided the court thinks T would not have revoked the 100 bequest but for the mistake.

"T's intent was not absolute, it was conditional on T's mind for the new gift to be effective"

Front 30

REVIVAL:

WILL 1 is executed-->WILL 2 is executed, expressly revoking WILL 1-->WILL 2 is destroyed with intent of reviving WILL 1. Is WILL 1 revived?

Back 30

Majority: NO, must re-execute or re-publish by codicil (If so, try and meet requirements of DRR and compare consequences of a will or no will)

UPC: WILL 1 is revived if (1) W-1 still exists; (2) T intended to revive it; and (3) W-2 was revoked by physical act

Front 31

Incorporation by reference: requirements to incorporate an extrinsic writing by reference: (3)

Back 31

1. Writing must be in existence at time will was executed;
2. Will must manifest an intent to incorporate the document; AND
3. Will must "describe the writing sufficiently to permit its identification"

Front 32

Can a holograph incorporate a non-handwritten document by reference?

Back 32

YES--where holographs are recognized

Front 33

What type of memorandum can be incorporated by reference despite not having existed at time of will's execution? What are the requirements?

Back 33

Statutory Exception in UPC/many States: Will may refer to written statement or list that disposes of tangible personal property (NO money, real estate, stocks, bonds) not specifically disposed of by the will. The written list must be signed by T and must describe the property w/ reasonable certainty. May be written before OR after will executed; may be altered at any time.

Front 34

Doctrine of Independent Significance

Back 34

Acts having an independent lifetime motive (i.e. other than to complete the will) may impact on the will as well.

(if you bequest your old car to A and then you buy a nice car, will does not change and A gets nice car bc most people don't change their will)

Front 35

When does a gift lapse due to beneficiary death?

(lapse - most tested on bar)

Back 35

When the beneficiary dies before (or within 120 hrs of) the testator, the gift lapses.

Front 36

What happens to a gift that lapses?

Back 36

It falls to the residue and passes with the residuary estate--UNLESS it is saved by an anti-lapse statute.

Front 37

To whom does the UPC anti-lapse statute apply?

Back 37

Grandparents or lineal descendants of T's grandparents who leave issue who survive T.

Front 38

What is the class gift rule?

Back 38

When there is a gift by will to a group of persons generically described as a class ("children," "nephews" etc.) and some class member predeceases the T and the anti-lapse statute does not apply, THE SURVIVING CLASS MEMBERS TAKE

Front 39

Lapse occurring in residuary estate? (UPC/Majority)

Back 39

If the residuary estate is devised to two or more persons and the gift to one of them fails for any reason, the surviving residuary devises take the entire residuary estate in proportion to their interests in the residue.

Front 40

specific devise

Back 40

Will refers to a specifically identifiable asset

"I devise my 2003 Cadillac to my son John."

OR--"I devise my bank accounts"--specific because will speaks as of the date of death

Front 41

demonstrative legacy

Back 41

Gift of a pecuniary amount that specifies the source of the money to pay the gift (where the funds to pay come from)

"I give the sum of 5,000 to be paid out of the proceeds of sale of my Acme stock, to my sister Sarah."

Front 42

general legacy

Back 42

A gift of a pecuniary sum; source not specified

"I give the sum of 10,000 to my daughter Donna"

Front 43

residuary bequest

Back 43

A gift of the residue of an estate

"I give all the rest, residue, and remainder of my property to my wife, Agnes."

Front 44

What is abatement?

Back 44

If T's estate is partially insolvent, gifts are sacrificed to satisfy expenses and claims.

Front 45

In what order is abatement applied, w/r/t the class of gift or bequest?
IRGDS

Back 45

1. Intestate property
2. Residuary bequest
3. General legacy
4. Demonstrative legacy
5. Specific devise

Front 46

When is a specific devise adeemed?

Back 46

A specific devise is adeemed when it no longer exists at T's death --> beneficiary takes nothing.

Front 47

What is the effect of ademption on demonstrative legacies?

Back 47

No effect --> the gift is paid from another source.

Front 48

Ademption only applies to _________________ gifts.

Back 48

SPECIFIC; if not, it is NOT adeemed.

Front 49

Common law/majority of states: To what extent is T's intent considered in treating an adeemed legacy?

Back 49

T's intent is immaterial.

Front 50

UPC: Will executed before T declared incompetent; specfically devised property is sold by conservator/destroyed but compensated by insurance. Ademption?

Back 50

NO, under UPC, specific devisee has a right to a general legacy equal to the net sale price, condemnation award, or insurance proceeds UNLESS T's disability has been adjudicated to have ceased AND T survives the adjudication by at least a year.

Front 51

UPC: If T is not incompetent, to what does a specific devisee have a right when specifically devised property is sold?

Back 51

-Any balance of purchase price still owing when K is executory at T's death (CL, equitable conversion would apply, and T would no longer own real property, but merely a claim to the remaining purchase price)
-Any amount of condemnation award unpaid at T's death
-Any amount of insurance proceeds unpaid at death
-Any personal property acquired as replacement for other similar property
-Property acquired as result of foreclosure of security interest on specifically devised note

Front 52

"I bequeath my 100 shares of Tax Stock. At T's death T owned 200 shares in Tax Stock.

Stock Splits/Stock Dividends? (Common Law and UPC)

Back 52

Common Law = Stock Splits --> 200
Stock Dividends --> 100

UPC: All 200 in split/dividend: A specific devisee takes "any additional or other securities of the same entity owned by the T bc of action initiated by the entity, excluding any acquired by exercise of purchase options."

Front 53

Tax Stock acquired by LTV, and as part of the merger each shareholder was given 1 share of LTV for every 2 shares of Tax Stock. At T's death he owned 50 shares of LTV. Does S get the LTV stock?
(Common Law and UPC)

Back 53

Common Law: No --> S adeemed

UPC: Yes --> A specific devisee is entitled to securities of another entity owned by the T as a result of merger, consolidation, reorganization, or other similar action initiated by the entity.

Front 54

FAVORITE ON BAR: "I bequeath MY 100 shares of CO common stock to A; I bequeath 200 shares of BO stock to B." Thereafter, T sells all of her CO stock and all of her BO stock. A's rights? B's Rights?

Back 54

A (my) --> specific and A is adeemed

B -->no specific; gift of value of 200 shares to be paid in kind. B is not adeemed. Thus, executor gets cash from estate and purchases shares that B needs.

Front 55

What is a latent ambiguity?

Back 55

Extrinsic evidence is admissible to clear up a latent ambiguity.

Absence of clarifying evidence, gift fails and lapses to residual.

Front 56

What is the Plain Meaning Rule? (UPC; most States)

Back 56

UPC: A court may reform the terms of a will, even if unambiguous, to conform the terms to the T's intent if it is proved by clear and convincing evidence that both the accomplishment of the T's intent and the terms of the will were affected by a mistake of fact or law. In determining the T's original intent, the ct may consider evidence relevant even though the evidence contradicts an apparent plain meaning of the will.

Most States: Can't disturb the plain meaning of a will w/ extrinsic evidence.

Front 57

Inheritance: T survived by spouse, no issue (kids or grandkids) or parent. What does spouse take?

Back 57

Usually entire estate

Front 58

Inheritance: T is survived by spouse and issue all of whom are issue of spouse. What does spouse take?

Back 58

Usually entire estate; spouse will pass to issue at death.

Front 59

Inheritance: T is survived by spouse and issue at least one of whom is not issue of spouse. What does spouse take?

Back 59

Usually a fixed amount of the top and a fraction of any excess.

UPC: Spouse takes first $100K and half of any excess

Front 60

Who takes the share of an intestate estate not going to spouse?

SEE p. 12 of Wills Lecture for Diagram of Per Capita w/ Representation and Strict Per Stirpes

Back 60

1. All to issue, if any (kids or grandkids)

2. If no issue, to parents or survivor (decedent's parents)

3. If no issue or parents, to parents' issue (decedent's brother or sister)

Front 61

Meaning of Probate Estate

Back 61

The intestacy statute applies only to the "probate estate." This is the estate that could have been controlled by a will had T executed one. It does NOT INCLUDE: life insurance, property held in trust, right of survivorship property, securities or bank accounts registered in payable on death (POD) or transfer on death (TOD) form or property T did not own at death.

Front 62

Can a wedlock child inherit from biological parent?

Under what circumstances does an illegitimate child inherit from father?

Back 62

Yes

1. Legitimated by marriage; OR
2. Adjudication of paternity before or after father's death (if after death, need clear and convincing evidence)

Front 63

Can an adopted child inherit from a biological parent?

Back 63

NO

Front 64

How does stepparent adoption affect inheritance rights under the UPC?

Back 64

If a parent remarries and her child is adopted by new spouse, child may still inherit from first family.

Front 65

How does orphan adoption affect inheritance rights?

Back 65

If both natural parents die and C is adopted by close family member, C continues to inherit from other family members.

Front 66

What is adoption by estoppel?

Back 66

An unperformed agreement to adopt; child to have been adopted may inherit from would-be adoptive parent.

Front 67

Are adopted persons included in class gift terminology?

Back 67

Yes. Adopted persons are included in class gift terminology and terms of relationship in accordance w/ rules for determining relationships for purposes of intestate succession.

Front 68

Under a simultaneous death act, what happens to property in a will when T and beneficiary die simultaneously?

Back 68

Devised property passes as though T survived and beneficiary predeceased (lapse w/ potential anti-lapse statute)

Front 69

Under a simultaneous death act, what happens to property when intestate and heir die simultaneously?

Back 69

Property is treated as though intestate survived and heir predeceased (not sharing)

Front 70

Under a simultaneous death act, what happens to insurance benefits when insured and beneficiary die simultaneously?

Back 70

Treat as though insured survived and beneficiary predeceased (insured survived and proceeds go to 2nd beneficiary)

Front 71

Under a simultaneous death act, what happens to property held in JTWROS when both joint tenants die simultaneously?

Back 71

One-half as though A survived; one-half as though B survived.

The point: simultaneous death prevents operation of right of survivorship; so 1/2 passes through each tenant's estate --> Tenants in Common

Front 72

What is the 120-hour rule?

Back 72

Under the UPC, when passage of title to property depends on priority of death, absent a provision in the governing instrument to the contrary, a person is deemed to have predeceased the decedent unless he survives decedent by 120 hrs (5 days). NOT under COMMON LAW

Front 73

To what property does a 120-hour rule apply?

Back 73

All probate and nonprobate assets (including life insurance and right of survivorship property)

Front 74

What is the common law (minority) rule regarding an advancement?

Back 74

Any lifetime gift to a child or descendants (including adopted) presumed to be an advancement (an advance payment) of his intestate share, to be taken into account in distribution of the intestate's estate.

Front 75

What is the UPC/Majority rule regarding an advancement?

Back 75

No advancement unless:
1. Declared as such in a contemporaneous writing by decedent; OR
2. Acknowledged as such in writing by the heir

Front 76

To what kind of estate does the doctrine of advancement apply?

Back 76

only INTESTATE estates

Front 77

Describe the doctrine of satisfaction. Under the UPC/Majority Rule, to what kind of estate does satisfaction apply?

Back 77

Applies to testate estates. A lifetime gift is NOT a prepayment of any interest under a will UNLESS: (i) the will provides for this treatment; OR (ii) T declares in contemporaneous writing that the gift is to be deducted from the devise or is in satisfaction of the devise; OR (iii) devisee acknowledges in writing that the gift is in satisfaction

Front 78

If facts of Q involve husband and wife situation and you are asked to discuss the rights of the surviving spouse to share in the decedent's estate, consider discussing: homestead, exempt property, and family allowance.

What is homestead? What does spouse get in lieu of homestead under the UPC?

Back 78

The surviving spouse's statutory right to live in the home for as long as the spouse chooses.

15,000 cash allowance

Front 79

What is exempt property to which a surviving spouse may be entitled by statute?

Back 79

Household furniture, automobile, furnishings, appliances, personal effects (and other property to extent preceding does not equal allowance) in a fixed amount (e.g. $10K worth of things)

Front 80

What is a family allowance to which a surviving spouse may be statutorily entitled?

Back 80

A reasonable allowance in money out of estate for maintenance of family during administration.

Front 81

To what type of estate do homestead, exempt property, and family allowance statutes apply?

Back 81

Both testate and intestate estates. They are in addition to intestate share but are chargeable against share passing under will unless will provides otherwise.

They may be WAIVED by written agreement after full disclosure.

Front 82

What are the majority and minority rules regarding pretermitted spouses?

Back 82

Majority: Marriage after a will has no effect on the will.

UPC, Minority: Pretermitted spouse gets intestate share (waht spouse would have taken if no will at all) UNLESS an exception applies

Front 83

Exceptions (2): Under what circumstances would a pretermitted spouse NOT take despite a statutory provision? (unintentional disinheritance)

Back 83

1. It appears from the will that the omission was intentional; OR
2. T made other provision for spouse by transfer outside will and the intent that the transfer be in lieu of provision in the will is shown by statements of the T, the amount of the transfer or other evidence.

Front 84

What estate is included in the elective estate?

Back 84

The net testamentary estate-->the probate estate MINUS exempt property, family allowance, funeral expenses, expenses of administration, and allowable creditors' claims.

Front 85

What property does the UPC add to the elective estate?

Back 85

a. Transfers with retained power to revoke, consume, invade, etc. (revocable trust)
b. Transfers with retained right to possess or enjoy the income from the property (e.g. retained life estate)
c. Transfers held by decedent and another in right of survivorship form
d. Transfers within two years of death to certain extent ($13K)

Front 86

What fraction of the elective estate is the elective share?

Back 86

A set fraction, commonly one-third.

Under UPC, maximum increased to one-half but share depends on duration of marriage. In effect, elective share vests at a rate of about 3% a year until max of 50%

Front 87

How does a surviving spouse claim an elective share?

Back 87

The surviving spouse must file election within a set period (e.g., 6 months) after decedent's death --> NOT automatic.

Front 88

What is a pretermitted child?

Back 88

A child born or adopted after a will is executed.

Front 89

What is the pretermitted child entitled to take under the UPC?

Back 89

A pretermitted child is entitled to an intestate share (what they would have taken if no will at all) UNLESS exceptions apply:

Front 90

What are the 3 exceptions to a pretermitted child's taking under the UPC?

Back 90

1. It appears from the will that the omission was intentional;
2. T left substantially all his estate to the parent of the pretermitted child; or
3. T provided for child by transfer outside of will and intended transfer to be in lieu of will provision (NOTE: amount of outside transfer irrelevant; extrinsic evidence including T's oral statements admissible to show intent)

Front 91

What is the effect of a re-publication by codicil on a will that pretermits a child? (Doctrine of Republication by Codicil)

Back 91

Re-publication by codicil re-dates the will to the date of the codicil's execution. If no provision is made for the child, then intent to omit is inferred.

Front 92

How does the common law treat omission of a child mistakenly believed dead? (or T mistakenly believed child won lottery, converted to Judaism, or whatever)?

Back 92

No relief for mistake in inducement to make/not make provision unless both mistake and what would have been done but for mistake appear in terms of will.

Front 93

How do the UPC and many states treat omission of a child mistakenly believed dead?

Back 93

If at time of execution of will, T fails to provide in will for a living child SOLELY because she believes child dead, child is treated as pretermitted (entitled to intestate share)

Front 94

What is the Slayer Statute under the UPC? What are 3 rules to qualify?

Back 94

A person who feloniously and intentionally kills the decedent is not entitled to any benefit from decedent's estate by will, by intestacy (including family allowance, exempt property and homestead), under life insurance K or otherwise. Property passed as if killer predeceased decedent. Jointly held property w/ right of survivorship passes half to killer and half as if killer predeceased decedent.

RULES: 1. intentional killing (no homicide or negligence; or 2. acquittal at crim law is not controlling; or 3. it will beneficiary and T in same family = anti-lapse statute

Front 95

How does renunciation work?

Back 95

Before acceptance, an heir, devisee or appointee of a power of appointment may renounce his interest in writing in whole or in part w/in 9 months after the death of decedent. Renunciation results in property passing as if renouncing party predeceased decedent, UNLESS will provides otherwise. (lapse w/ potential application of anti-lapse statute (if beneficiary chooses to renounce))

Front 96

Who has standing to contest a will?

Back 96

Any person who would take more as heir if there were no will or as beneficiary under a prior will.

Front 97

What is the four-part test of testamentary capacity in a will contest?

If any of the 4 are NO, then LACK OF CAPACITY

Back 97

1. Did T understand the nature of the act he was doing? (know he was executing an instrument controlling his wealth at death)
2. Did T know the nature and character of his property? (know who he would normally leave property)
3. Did T know the natural objects of his bounty?
4. Did T understand the disposition he wished to make? (practical effect: giving more to son than daughter)

Front 98

To what point in time do the inquiries regarding testamentary capacity apply?

Back 98

Evidence of T's capacity or lack of it must relate to the circumstances at the time the will was executed, or shortly before or shortly thereafter.

More distant in time from the will's execution a particular fact may be, the less significance it has on the question in issue: Did T, at the time the will was executed have capacity? (Old age, physical frailty, sickness, failing memory or vacillating judgment are not inconsistent w/ testamentary capacity if the 4 prong test was met)

Front 99

What is an insane delusion?

Back 99

A distinctive form of incapacity: Where T is otherwise sane, but the will (or a gift in the will) is a product of an insane delusion, having no basis in fact or reason, to which T adheres against all reason and evidence.

Front 100

Who has the burden of proving undue influence, and what must they show (3)?

Back 100

Burden of proof is on contestants, who must show:
1. Existence and exertion of the influence;
2. Effect is to overpower mind and will of the testator; AND
3. the result is a will that would not have been executed but for the influence.
(Influence is not undue unless the free agency of the T was destroyed and a will produced that expresses the will, not of the T but of the one exerting the influence)

Front 101

What circumstances give rise to a presumption of undue influence?

Back 101

Showing that a principal beneficiary under the will who stands in a confidential relationship to T draws or procures the execution of the will. (atty-client; priest-parishioner, doctor-patient)

Suspicious circumstances: may also tend to show undue influence (e..g., relative stranger insinuates himself w/ T when T, bc of mental or physical condition or age is susceptible to influence, and T then writes will that disinherits children.

Front 102

"No Contest" Clause:

"Any person who contests this will shall forfeit his legacy." Effect?

Back 102

Contest and win: Nothing

Contest and lose: Clause will not be enforced against contester as long as PROBABLE CAUSE exists.

Front 103

What is a living will?

Back 103

A statement of an adult individual's desires w/ respect to life-sustaining procedures, artificial nutrition or hydration, and pain alleviating treatment when the individual becomes terminally ill or is in a persistent vegetative state.

Front 104

How do you execute a living will?


How do you revoke a living will?

Back 104

In writing, signed by an adult T or by another at his direction. Usually 2 adult witnesses required.

By any manifestation of intent to revoke (including physical act) at any time before death w/out regard to the principal's mental or physical condition (if incompetent, can still revoke living will).

Front 105

What is a durable healthcare power?

Back 105

Used by one person (principal) to appoint an agent to make healthcare decisions for the principal such as giving consent to medical treatment, accessing principal's medical records, and admitting or discharging principal from a healthcare facility. The instrument does NOT become operative until the principal loses capacity (then agent takes over)

Front 106

Eligibility to serve as an agent (durable healthcare power)?

How do you execute a durable healthcare power?

Back 106

Any person EXCEPT an unrelated person who is associated w/ the principal's healthcare facility.

Writing, signed by an adult principal or by another at his direction, and by 2 adult witnesses. Most states, agent may not serve as a witness.

Front 107

How do you revoke a durable healthcare power?

What is an agent w/ the durable healthcare power's liability?

Back 107

Unless otherwise stated in the power, by written or oral notice of revocation to either the agent or the principal's healthcare provider. Also, a durable healthcare power is automatically revoked by the execution of a later durable healthcare power (only allowed 1 at a time).

An agent under a durable healthcare power is not civilly or criminally liable or subject to discipline for unprofessional conduct for healthcare decisions made in GOOD FAITH.