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22 Cards in this Set
- Front
- Back
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What was the predecessor form to advance health care directives?
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Health Care Power of Attorney - pre June, 2000 - if valid previously or printed on printed form, still valid.
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what are some things that the new Health Care Decisions Law does not apply to?
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commitment to mental health institution
convulsive treatment psychosurgery sterilization or abortion |
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What are the requirements for valid health-care directive?
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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 |
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What are the witness requirements for an AHCD?
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were physically present for execution of acknowledgment
identity known or proven sound mind; no duress not the agent under the directive |
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What extra step is involved if principal for an AHCD is a patient at a skilled nursing facility?
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patient advocate must be present.
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can a directive be registered?
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yes, with the CA registry
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Can an AHCD be revoked?
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yes, by an adult with capacity
spouse's nomination is automatically revoked by divorce. |
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Can a principal include a do-not resuscitate order?
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yes, but it requires signature of both principal and physician.
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Can an adult choose to withdraw health care treatment?
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yes, fundamental right to control decisions. Doesn't constitute assisted suicide.
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What are the requirements for execution of a power of attorney for assets?
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date of execution
be in writing signed by principal (or principal's presence and direction) acknowledged by notary OR signed by two witnesses |
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What is the standard of care of an agent under a power of attorney?
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property of another
-no specific duty to act -must not act in conflict with principal's interest. |
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Can a DPAF allow for gifts, disclaimers, change beneficiaries, transfer of assets to trust, or to amend/create/revoke a trust?
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Yes, if those powers are specified in the document.
PC 4264. |
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Which power of appointment is includable in the holder's estate -- general or specific?
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General
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What is a general power of appointment?
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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. |
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Is a power to consume, invade or appropriate property for holder's own benefit, limited to HEMS, a general power of appointment?
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no, not if limited to HEMS
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What are other exceptions to general powers of appointment?
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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) |
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How would a power exercisable by a team of people not holding an adverse interest be treated?
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value of interests divided equally among trustees.
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Are trustee removal powers equivalent to a general power of attorney?
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if person can name himself as trustee with full powers then MAY be a GPOA
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if Mom is trustee and can appoint trust assets to her lineal descendants (her minor children), is that a GPOA
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maybe because it imputes discharge of a support obligation
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Are releases and lapses of GPOA taxable gifts that suffer estate inclusion?
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yes, but amount of gift is limited to excess above greater of 5%/$5K/year
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Can a principal specify in the AHCD that an individual may not petition the court re the directive?
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Yes, IF
1. executed under advice of state-licensed attorney 2. lawyer signs a certificate advising attorney re directive |
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How can an AHCD be revoked?
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1. in writing
OR 2. directly informing (oral/written) the health care provider |
