| Choosing a Healthcare Power of Attorney |
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| Like a durable power of attorney for financial decisions, a healthcare power of attorney permits you to name a medical proxy to make healthcare decisions on your behalf when you are no longer able to do so for yourself. Similar to a living will, a healthcare power of attorney can specify what kinds of measures you want taken. You should be aware that states have different names for the same healthcare power of attorney, including medical directive, directive to physicians, declaration regarding health care, designation of health care surrogate, and patient advocate designation. More... |
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| What is a Will? |
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| A simple definition of a will can be found in a paralegal textbook, Edward A. Nolfi's Basic Wills, Trusts, and Estates (Glencoe/McGraw-Hill 1995). Mr. Nolfi writes that: "A will is a formal letter to the probate court judge declaring what the maker wants after death." Let's look at each part of this intriguing definition. More... |
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| Lapse and Mistake |
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| One of the main purposes for making and leaving a will is to guide the administration of the estate of the testator--the person who made the will. A will should be written in language that is clear and indisputable. Alas, the language in a will may be unclear or vague. This article discusses the will interpretation and construction issues of lapse and mistake. More... |
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| Trust Modification and Termination |
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| A court will modify a trust where the trust's leading purpose is frustrated by a specific directive made by the trustor. More... |
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| Resulting Trusts |
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| Trusts are sometimes classified by the intent, if any, of the settlor to create a trust. This article discusses the kind of trust for which the settlor's intent is implied: the resulting trust. More... |
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