All flashcards
44 cards
1What is a power of attorney?
2May a person use a power of attorney for health care decisions?
3What is an advance directive?
4What does it mean for a power of attorney to be durable?
5What is a living will?
6May 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?
8Does 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?
10If 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...
12Under 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?
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...
15Under 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?
17Must a power of attorney be notarized?
18Under 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?
20Under 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?
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...
23Does 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?
25Under 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...
27Must 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...
29Under the UPC, does an agent’s authority terminate due to lapse of time?
30What 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?
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...
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...
34What 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...
36What 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?
38Under the UPC, what four events terminate an agent’s authority under a power of attorney?
39What 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...
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...
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?
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?
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...
All flashcards
44 cards