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Articles 1 - 7 of 7
Full-Text Articles in Law
Understanding Duties And Conflicts Of Interest--A Guide For The Honorable Agent, Linda S. Whitton
Understanding Duties And Conflicts Of Interest--A Guide For The Honorable Agent, Linda S. Whitton
Law Faculty Publications
This article examines the importance of understanding agent duties and conflicts of interest, both for drafting a power of attorney that meets a principal’s objectives and for providing guidance to the agent who will act under its authority. Professor Whitton suggests that current custom and practice with respect to powers of attorney often overlooks the need to adjust agent duties to accommodate the principal’s expectations, thus resulting in inadvertent conflicts between the duty to do what the principal expects and default duties of loyalty. The article offers practical guidelines for identifying and reconciling these conflicts, as well as best practices …
The Upc Substituted Judgment/Best Interest Standard For Guardian Decisions: A Proposal For Reform, Lawrence A. Frolik, Linda S. Whitton
The Upc Substituted Judgment/Best Interest Standard For Guardian Decisions: A Proposal For Reform, Lawrence A. Frolik, Linda S. Whitton
Law Faculty Publications
The introduction in 1997 of "substituted judgment" as a guiding principle for guardian decisions was a key contribution of the UPC to guardianship reform. The current UPC section 5-314(a) instructs guardians to "consider the expressed desires and personal values of the ward" when making decisions and to "at all times...act in the ward's best interest." This dual mandate for guardian decisions was intended to promote the self-determination interests of incapacitated adults. This article argues that in practice the standard has failed to achieve this goal. It analyzes the shortcomings of UPC Section 5-314(a) and other statutory decision-making standards and offers …
Surrogate Decision-Making Standards For Guardians: Theory And Reality, Linda S. Whitton, Lawrence A. Frolik
Surrogate Decision-Making Standards For Guardians: Theory And Reality, Linda S. Whitton, Lawrence A. Frolik
Law Faculty Publications
This Article examines the theoretical and practical implications of the substituted judgment and best interest standards for decision making by guardians. After providing an overview of the current decision-making standards in guardianship statutes, the Article synthesizes theoretical debates about what these standards mean and whether they provide an effective paradigm for surrogate decision makers. The authors then use new survey data to offer conclusions about the degree to which the substituted judgment and best interest standards are understood and meaningfully applied by guardians.
Still Part Of The Clan: Representing Elders In The Family Law Practice, Sy Moskowitz
Still Part Of The Clan: Representing Elders In The Family Law Practice, Sy Moskowitz
Law Faculty Publications
No abstract provided.
Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss
Separation, Custody, And Estate Planning Issues Relating To Companion Animals, Rebecca J. Huss
Law Faculty Publications
This article first discusses the domestication of companion animals, including the impact of anthropomorphism and neoteny on how animals are viewed in U.S. society. Second, it reviews the current legal status of animals. Third, it considers the voluntary and involuntary separation of companion animals from their human families. Fourth, it examines custody issues in the context of the placement of animals after the divorce of the human family members. Finally, it analyzes estate planning issues relating to companion animals.
Adult Children And Indigent Parents: Intergenerational Responsibilities In International Perspective, Seymour Moskowitz
Adult Children And Indigent Parents: Intergenerational Responsibilities In International Perspective, Seymour Moskowitz
Law Faculty Publications
No abstract provided.
Reflecting Reality: Adding Elder Abuse And Neglect To Legal Education, Seymour H. Moskowitz
Reflecting Reality: Adding Elder Abuse And Neglect To Legal Education, Seymour H. Moskowitz
Law Faculty Publications
No abstract provided.