Durable powers of attorney and health care directives

Durable powers of attorney and health care directives volume 1 contents: Ch. 1 - Introduction. Section 1:1 - What is a durable power of attorney? Section 1:2 - Why is a durable power of attorney important? Ch. 2 - The durable power, past and present. Section 2:1 - The law of agency. Section 2:2 - History of the durable power. Section 2:3 - Current uniform legislation permitting the durable power. Section 2:4 - Lack of uniformity in existing state statutes. Section 2:5 - Significant differences in state statutes. Section 2:6 - Conflict of laws. Section 2:7 - Matters that may be non-delegable. Ch. 3 - The durable power of attorney for health care. Section 3:1 - Introduction. Section 3:2 - Custody and management of the incapacitated person. Section 3:3 - Heath care decisionmaking. Section 3:4 - Common law right. Section 3:5 - Constitutional right. Section 3:6 -Informed consent. Section 3:7 - Incompetency. Section 3:8 - Right to die. Section 3:9 - The individual's right to determine medical care is equally available to incompetent persons. Section 3:10 - The individual's right to determine medical care is not an absolute right - competing state interests. Section 3:11 - Preservation of life. Section 3:12 - Prevention of suicide. Section 3:13 - Protection of innocent third parties. Section 3:14 - Protecting the ethical integrity of the medical profession. Section 3:15 - Medical ethics in the context of life-sustaining medical treatment. Section 3:16 - Futile treatment. Section 3:17 - Definition of death. Section 3:18 - Unconsciousness. Section 3:19 - Benefits and burdens. Section 3:20 - Nourishment and hydration. Section 3:21 - Euthanasia and assisted suicide. Section 3:22 - Summary. Section 3:23 - Given the individual's right to determine medical care, how is the right exercised? Section 3:24 - Who makes the decisions? Section 3:25 - How is the decisionmaker or surrogate to be guided? Section 3:26 - Clear and convincing evidence of the patient's desires. Section 3:27 - Substituted judgment. Section 3:28 - The best interest standard. Section 3:29 - Summary. Section 3.30 - Purpose. Section 3:31 - Content and types of advance directives. Section 3:32 - Living wills. Section 3:33 - Durable powers of attorney for health care. Section 3:34 - Hospital liability. Section 3:35 - Client interview. Section 3:36 - Essential components. Section 3:37 - General coverage considerations. Section 3:38 - Use of forms for life support withdrawal. Section 3:39 - Physician aid-in-dying (assisted suicide). Section 3:40 - The springing versus immediate durable power of attorney for health care. Section 3:41 - Exculpatory language. Section 3:42 - State public policy versus constitutional rights - drafting considerations. Section 3:43 - Generally. Ch. 4 - The durable power of attorney for property management. Section 4.01 - Generally. Section 4.02 - Guardianship or conservator proceedings. Section 4.03 - Revocable living trusts. Section 4.04 - Generally. Section 4.05 - Transactions between the agent and a trustee of revocable trust. Section 4.06 - Removing assets from the trust. Section 4.07 - Adding assets to the trust. Section 4.08 - Reviewing the activities of the trustee. Section 4.09 - Powers to amend or revoke a revocable trust. Section 4.10 - Traditional estate planning uses of a durable power of attorney. Section 4.11 - Immediate pre-mortem tax planning. Section 4.12 - Gift giving. Section 4.14 - Disclaiming interests on behalf of the principal. Section 4.14 - Electing statutory share. Section 4.15 - Liquidity planning. Section 4.16 - Planning for government entitlements. Section 4.17 - Income tax planning. Section 4.18 - Potential tax problems arising from the agent's powers. Section 4.19 - Tax problems arising from a power to make gifts. Section 4.20 - Drafting to avoid tax problems for the agent. Section 4.21 - Tax problems related to specific assets. Section 4.22 - Coordinating the durable power of attorney for property with other estate planning documents. Ch. 5 - The agent. Section 5.01 - The fiduciary status of an agent under DPA. Section 5.02 - Does the agent have a duty to act? Section 5:03 - Selecting the agent. Section 5:04 - Compensating the agent. Section 5:05 - Supervising the agent. Section 5.06 - Third party reliance. Section 5.07 - Can the agent enforce actions under the DPA? Section 5.08 - Protecting the agent. Section 5.09 - Discussions with the agent. Section 5.10 - Ethical considerations. Ch. 6 - The third party perspective. Section 6.01 - Generally. Section 6.02 - Checklist: Third party review of a durable power of attorney. Ch. 7 - Drafting the durable power. Section 7.01 - The drafting system, generally. Section 7.02 - Client interview. Section 7.03 - Drafting durable powers. Section 7.04 - Drafting springing powers. Section 7.05 - Should one or two documents be prepared? Section 7.06 - Execution of the durable power. Section 7.07 - Drafting system. Section 7.08 - How to use this system. Forms. Separate clause forms. Free-standing forms. State forms. Drafting checklists. State statutes. Includes table of contents,