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Topic 83: Estate Planning Documents - 289 C Avoiding will contests An in terrorem clause provides that if a bene ciary unsuccessfully contests the validity of a will, the bene ciary bequest is void 2 Powers of attorney A De ned (1) A power of attorney is created by an individual, giving authority to another entity to act on the behalf of the individual The power of attorney is usually witnessed and accredited (2) The person executing the power is called the principal, and the person appointed by the power is the attorney-in-fact B Durable feature (1) A durable power of attorney is not terminated by subsequent disability or incapacity of the principal It is designed to cover the situation in which the principal becomes incompetent A power of attorney that is not a durable power of attorney terminates upon disability or incompetence (2) A springing power of attorney does not become effective until the occurrence of a speci ed event C For health care (1) Applies to all situations in which the principal is unable to give informed consent with respect to a particular medical decision It often gives the power to use or not to use arti cial life-support systems (2) It always springs on incapacity (3) Such powers are recognized in almost all states, but state law varies in terms of the scope of authority of the attorney-in-fact (4) A major drawback is that this power is so powerful: It can place reluctant family members in the position of having to make a decision that is regretted later in life D For property (1) Durable power of attorney for property appoints a person to make decisions in regard to the principal s assets (2) It is generally effective upon execution (no springing) and continues until death of the principal (3) It is often used in place of a trust for smaller estates (4) It is often used for purposes of gift giving by the attorney-in-fact when the principal is elderly, and/or seriously ill, and not legally competent E Special or limited powers (1) A limited power is a special power (2) The extent of the power is limited only by the desires of the principal F General powers (1) An unlimited power is a general power (2) Broad general powers are intended to give the attorney-in-fact the right to act to the same extent the principal could have acted if available 3 Advance medical directives (eg, living wills) A An advance medical directive establishes a medical situation in which the testator no longer wants life-sustaining treatment (ie, life-support systems to prolong life) A living will is a medical life-support directive B It does not designate an agent to make medical decisions. .net pdf 417 PDF - 417 C# Control - PDF - 417 barcode generator with free C# ...
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