Wills Rules 9
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Not recognized statuorily, but recognized through caselaw.
Clear and convincing evidence needed to deny treatment to terminally ill patients. Includes written documents (best) as well as oral expressions of intent, provided burden of proof is met.
Written documents should be executed observing will formalities.
Durable health care powers
Recognized in new york!
Effective whenever principal is unable to make own decisions.
Execution: competent adult signs and dates written health care proxy in presence of 2 wintesses. Agent may not be one of the witnesses.
Revocation: at any time orally, in writing, or any other act with intent to revoke. By notifying agent or health care provider. Divorce revokes where agent is former spouse.
Agents: 18 years old. No non-blood employees, operators, or administrartors of hospitals. Has priority over all others in making decidsions regarding principal's medical care. Must make decisions according to principal's wishes.
Power of attorney
Durable or non-durable.
Durable: survives disability or incompetence. Presumed durable unless otherwise stated,
Non-durable: ceases upon disability or incompetence.
Execution: signed by both competent agent and principal and notarized. Typed or handwritten.
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