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Unif. Probate Code §§ 5B-105, 5B-110 (2010).
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1What is a power of attorney?
What is a power of attorney?2May a person use a power of attorney for health care decisions?
May a person use a power of attorney for health care decisions?3What is an advance directive?
What is an advance directive?4What does it mean for a power of attorney to be durable?
What does it mean for a power of attorney to be durable?5What is a living will?
What is a living will?6May a person use both a durable power of attorney for health care and a living will?
May a person use both a durable power of attorney for health care and a living will?7What is the difference between a durable power of attorney for health care and a living will with respect to the need for an agent?
What is the difference between a durable power of attorney for health care and a living will with respect to the need for an agent?8Does the Uniform Probate Code (UPC) define standards for durable powers of attorney for health care?
Does the Uniform Probate Code (UPC) define standards for durable powers of attorney for health care?9Does the UHCDA provide a comprehensive scheme guiding health care decision-making for adults and emancipated minors?
Does the UHCDA provide a comprehensive scheme guiding health care decision-making for adults and emancipated minors?10If a power of attorney does not indicate the jurisdiction providing its governing law, what law governs under the UPC’s default rules?
If a power of attorney does not indicate the jurisdiction providing its governing law, what law governs under the UPC’s default rules?11If a power of attorney for health care is valid where it was executed but does not comply with requirements in a jurisdiction where medical decisio...
If a power of attorney for health care is valid where it was executed but does not comply with requirements in a jurisdiction where medical decisions for the principal are made, is the power of attorney still valid under the UHCDA?12Under the UPC, what are the formal requirements for validity of a durable power of attorney?
Under the UPC, what are the formal requirements for validity of a durable power of attorney?13Under the UPC, may another person sign a power of attorney on the principal’s behalf?
Under the UPC, may another person sign a power of attorney on the principal’s behalf?14A man who was very ill asked his attorney to draft a durable power of attorney authorizing the man’s son to act in the event of his incapacity. Alt...
A man who was very ill asked his attorney to draft a durable power of attorney authorizing the man’s son to act in the event of his incapacity. Although the man was able to review the document, the man’s hand was not steady enough to sign it. The man asked a nurse to sign the document on his behalf. The nurse took the document back to her office, far beyond the man’s sight or hearing, and signed for the man. Shortly after the nurse signed, the man fell into a coma. Assuming the man had capacity, was the power of attorney validly executed under the UPC?15Under the UHCDA, must a durable power of attorney for health care be signed by the principal?
Under the UHCDA, must a durable power of attorney for health care be signed by the principal?16Under the UHCDA, may an individual orally communicate his wishes regarding health care treatment?
Under the UHCDA, may an individual orally communicate his wishes regarding health care treatment?17Must a power of attorney be notarized?
Must a power of attorney be notarized?18Under the common law of agency, how may a principal revoke a power of attorney?
Under the common law of agency, how may a principal revoke a power of attorney?19Under the common law of agency, must notice of revocation of an agent’s power of attorney be in writing?
Under the common law of agency, must notice of revocation of an agent’s power of attorney be in writing?20Under the UHCDA, how may a principal revoke an agent’s authority under a power of attorney for health care?
Under the UHCDA, how may a principal revoke an agent’s authority under a power of attorney for health care?21Under the UPC, does executing a new power of attorney automatically revoke any previously executed power of attorney?
Under the UPC, does executing a new power of attorney automatically revoke any previously executed power of attorney?22A father executed a power of attorney giving his son authority to act on his behalf in any business affairs. The father later executed a power of a...
A father executed a power of attorney giving his son authority to act on his behalf in any business affairs. The father later executed a power of attorney giving his daughter authority to act on his behalf in his leasing business. Under the UPC, would the son’s power of attorney be partially revoked by inconsistency?23Does executing a new power of attorney automatically revoke any previously executed power of attorney under the UHCDA?
Does executing a new power of attorney automatically revoke any previously executed power of attorney under the UHCDA?24Is a minor ineligible to serve as an agent under a durable power of attorney?
Is a minor ineligible to serve as an agent under a durable power of attorney?25Under the common law of agency, must a person possess a specific mental capacity to serve as an agent for another?
Under the common law of agency, must a person possess a specific mental capacity to serve as an agent for another?26May the agent in a durable power of attorney for health care be the employee of a residential long-term health care facility where the principal is...
May the agent in a durable power of attorney for health care be the employee of a residential long-term health care facility where the principal is receiving treatment?27Must an agent entrusted with health care decisions under a durable power of attorney be able to understand a principal’s various treatment options?
Must an agent entrusted with health care decisions under a durable power of attorney be able to understand a principal’s various treatment options?28A man executed a durable power of attorney authorizing his son to make health care decisions on his behalf in the event of the man’s incapacity. Al...
A man executed a durable power of attorney authorizing his son to make health care decisions on his behalf in the event of the man’s incapacity. Although the man’s son was an adult with the general capacity to enter into contracts, the son lacked the ability to understand different courses of medical treatment. Is the son eligible to serve as the man’s agent for health care decisions?29Under the UPC, does an agent’s authority terminate due to lapse of time?
Under the UPC, does an agent’s authority terminate due to lapse of time?30What is a springing power of attorney?
What is a springing power of attorney?31Under the UHCDA, when does an agent’s authority under a power of attorney for health care become effective?
Under the UHCDA, when does an agent’s authority under a power of attorney for health care become effective?32Under the UPC, if a power of attorney specifies that it becomes effective upon the principal’s incapacity, how does the agent know when the princip...
Under the UPC, if a power of attorney specifies that it becomes effective upon the principal’s incapacity, how does the agent know when the principal is incapacitated?33Under the UHCDA, if a power of attorney does not define a procedure for determining the principal’s incapacity, how does an agent know when her del...
Under the UHCDA, if a power of attorney does not define a procedure for determining the principal’s incapacity, how does an agent know when her delegated authority under a power of attorney for health care begins?34What three mandatory duties does the UPC impose on agents accepting an appointment under a power of attorney?
What three mandatory duties does the UPC impose on agents accepting an appointment under a power of attorney?35What six default duties does the UPC impose upon agents accepting an appointment under a power of attorney, unless the power of attorney provides o...
What six default duties does the UPC impose upon agents accepting an appointment under a power of attorney, unless the power of attorney provides otherwise?36What duties does the UHCDA impose upon agents under a power of attorney for health care?
What duties does the UHCDA impose upon agents under a power of attorney for health care?37What events terminate a power of attorney under the UPC?
What events terminate a power of attorney under the UPC?38Under the UPC, what four events terminate an agent’s authority under a power of attorney?
Under the UPC, what four events terminate an agent’s authority under a power of attorney?39What is apparent authority?
What is apparent authority?40Under the UPC, if a nondurable power of attorney terminates due to the principal’s incapacity, is the principal still bound by the agent’s acts und...
Under the UPC, if a nondurable power of attorney terminates due to the principal’s incapacity, is the principal still bound by the agent’s acts undertaken in good faith and without actual knowledge of the incapacity?41A man executed a power of attorney authorizing a trusted associate to act on his behalf in any of his business affairs. The man died suddenly. Bef...
A man executed a power of attorney authorizing a trusted associate to act on his behalf in any of his business affairs. The man died suddenly. Before learning of the man’s death, the associate entered into a long-term lease with a lessee on the man’s behalf. The lessee had no knowledge or reason to know of the man’s death. Under the UPC, would the lease be binding on the man’s successors in interest?42Under the UPC, does an agent’s authority under a power of attorney terminate if a court appoints a guardian or conservator for the principal?
Under the UPC, does an agent’s authority under a power of attorney terminate if a court appoints a guardian or conservator for the principal?43If an agent acting under a power of attorney is the principal’s spouse, does the agent’s authority terminate if the spouses legally separate?
If an agent acting under a power of attorney is the principal’s spouse, does the agent’s authority terminate if the spouses legally separate?44In the absence of a validly appointed agent willing and able to make health care decisions under a power of attorney, whom does the UHCDA authorize...
In the absence of a validly appointed agent willing and able to make health care decisions under a power of attorney, whom does the UHCDA authorize to make health care decisions for an incapacitated principal?