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Full-Text Articles in Elder Law
Deciding For Others, Thomas Simmons
Dispensing (With) Electronic Wills, Thomas Simmons
Dispensing (With) Electronic Wills, Thomas Simmons
Faculty Publications
No abstract provided.
To Authorize Sex With Oneself Via Proxy Or Advance Directive, Thomas Simmons
To Authorize Sex With Oneself Via Proxy Or Advance Directive, Thomas Simmons
Faculty Publications
No abstract provided.
Actuarial Soundness, The Meaning Of "Commensurate," And A "Sniff Test", Thomas Simmons
Actuarial Soundness, The Meaning Of "Commensurate," And A "Sniff Test", Thomas Simmons
Faculty Publications
No abstract provided.
Wills Above Ground, Thomas Simmons
Wills Above Ground, Thomas Simmons
Faculty Publications
The widespread adoption of electronic court filing systems allow for easier and more efficient views of the rich data of probate proceedings. Wills Law on the Ground by Professor David Horton, published in the UCLA Law Review, highlights both the potential and some of the inherent limitations of empirical research in the law of wills. Wills law has been the battleground of formalists and functionalists over the last half century, with both sides bearing the banner of testator intent, but neither backing up their proposals or counterproposals with much hard data about which better achieves their common aim. Professor Horton …
Book Review: International And Comparative Law On The Rights Of Older Persons, Thomas Simmons
Book Review: International And Comparative Law On The Rights Of Older Persons, Thomas Simmons
Faculty Publications
No abstract provided.
"Granny Goes To Jail" Redux, Thomas Simmons
"Granny Goes To Jail" Redux, Thomas Simmons
Faculty Publications
No abstract provided.
The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, Thomas Simmons
The Intersection Of Agency Doctrine And Elder Law: Attorney-In-Fact Authority To Arbitrate Nursing Home Claims, Thomas Simmons
Faculty Publications
With the popularity of durable powers of attorney to manage the estates and personal affairs of individuals with diminished capacity, construction of the scope of powers with which agents are acting is of increasing importance. Some acts should be seen as so inherently personal or so dramatically inconsistent with the expected role of any agent as to be simply outside the scope of agency altogether. Others, such as those involving gifts, self-dealing transactions, or constitutional rights, should be never implied but honored when located within the express terms of an agent's authority. The remaining powers should be construed and mapped …