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22 Cards in this Set

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What was the predecessor form to advance health care directives?
Health Care Power of Attorney - pre June, 2000 - if valid previously or printed on printed form, still valid.
what are some things that the new Health Care Decisions Law does not apply to?
commitment to mental health institution
convulsive treatment
psychosurgery
sterilization or abortion
What are the requirements for valid health-care directive?
1. signatures - signed by adult (or in their name by another person in presence and at direction.
2. execution date
3. 2 witnesess or notary
What are the witness requirements for an AHCD?
were physically present for execution of acknowledgment
identity known or proven
sound mind; no duress
not the agent under the directive
What extra step is involved if principal for an AHCD is a patient at a skilled nursing facility?
patient advocate must be present.
can a directive be registered?
yes, with the CA registry
Can an AHCD be revoked?
yes, by an adult with capacity
spouse's nomination is automatically revoked by divorce.
Can a principal include a do-not resuscitate order?
yes, but it requires signature of both principal and physician.
Can an adult choose to withdraw health care treatment?
yes, fundamental right to control decisions. Doesn't constitute assisted suicide.
What are the requirements for execution of a power of attorney for assets?
date of execution
be in writing
signed by principal (or principal's presence and direction)
acknowledged by notary OR signed by two witnesses
What is the standard of care of an agent under a power of attorney?
property of another
-no specific duty to act
-must not act in conflict with principal's interest.
Can a DPAF allow for gifts, disclaimers, change beneficiaries, transfer of assets to trust, or to amend/create/revoke a trust?
Yes, if those powers are specified in the document.
PC 4264.
Which power of appointment is includable in the holder's estate -- general or specific?
General
What is a general power of appointment?
Power given to the holder to "appoint" the property to himself, his estate, his creditor or creditors of his estate.

Any single power creates a general power.
Is a power to consume, invade or appropriate property for holder's own benefit, limited to HEMS, a general power of appointment?
no, not if limited to HEMS
What are other exceptions to general powers of appointment?
powers exercisable only in conjunction with grantor/creator of the power

power exercisable only in conjunction iwth a person holding an adverse interest in the property subject to the power (e.g. fellow beneficiary)
How would a power exercisable by a team of people not holding an adverse interest be treated?
value of interests divided equally among trustees.
Are trustee removal powers equivalent to a general power of attorney?
if person can name himself as trustee with full powers then MAY be a GPOA
if Mom is trustee and can appoint trust assets to her lineal descendants (her minor children), is that a GPOA
maybe because it imputes discharge of a support obligation
Are releases and lapses of GPOA taxable gifts that suffer estate inclusion?
yes, but amount of gift is limited to excess above greater of 5%/$5K/year
Can a principal specify in the AHCD that an individual may not petition the court re the directive?
Yes, IF
1. executed under advice of state-licensed attorney
2. lawyer signs a certificate advising attorney re directive
How can an AHCD be revoked?
1. in writing
OR
2. directly informing (oral/written) the health care provider