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Encyclopedia > Living will
The law of wills and trusts
Part of the common law series
Inheritance
Intestacy  · Testator  · Probate
Power of appointment
Simultaneous death  · Slayer rule
Disclaimer of interest
Types of will
Holographic will  · Will contract
Living will
Joint wills and mutual wills
Parts of a will
Codicil  · Attestation clause
Incorporation by reference
Residuary clause
Problems of property disposition
Lapse and anti-lapse
Ademption  · Abatement
Acts of independent significance
Elective share  · Pretermitted heir
Contesting a will
Testamentary capacity
Undue influence
Types of Trusts
Express trust  · Asset-protection trust
Protective trust  · Spendthrift trust
Life insurance trust  · Remainder trust
Charitable trust  · Honorary trust
Resulting trust  · Constructive trust
Special needs trust: (general)/(U.S.)
Doctrines governing trusts
Pour-over will  · Cy pres doctrine
Other areas of the common law
Contract law  · Tort law  · Property law
Criminal law  · Evidence

A living will, also called will to live, advance health directive, or advance health care directive, is a specific type of power of attorney or health care proxy or advance directive. It is a legal instrument that usually is witnessed or notarized. These documents state: Image File history File links Scale_of_justice. ... The stela of King Hammurabi depicts the god Shamash revealing a code of laws to the king. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... This article or section does not cite its references or sources. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Intestacy is the condition of the estate of a person who dies owning property greater than the sum of his or her enforceable debts and funeral expenses without having made a valid will or other binding declaration; alternatively where such a will or declaration has been made, but only applies... A testator is a person who has made a legally binding will or testament, which specifies what is to be done with that persons penis family and/or property after death. ... Probate is the legal process of settling the estate of a deceased person; specifically, distributing the decedents property. ... A power of appointment is a term most frequently used in the law of wills to describe the ability of the testator (the person writing the will) to select a person who will be given the authority to dispose of certain property under the will. ... Simultaneous death is a problem of inheritence which occurs when two people (usually a husband and wife) die at the same time in an accident. ... The slayer rule, in the common law of inheritance, is a doctrine that prohibits inheritence by a person who murders someone from whom they stand to inherit. ... Disclaimer of interest (also called a renunciation), in the law of inheritance, wills and trusts, is a term that describes an attempt by a person to renounce their legal right to benefit from an inheritance (either under a will or through intestacy) or through a trust. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... A holographic will is a will and testament that has been entirely handwritten and signed by the testator. ... A will contract is a term used in the law of wills describing a contract to exchange a current performance for a future bequest. ... -1... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... A codicil for a will is a small change (much like a Postscript (P.S.)) to the will that does not require a rewrite of the document. ... In the statutory law of wills and trusts, an attestation clause is a clause that is typically appended to a will, often just below the place of the testators signature. ... Incorporation by reference is a doctrine of the common law of wills by which a person may state in his will that certain property is to be disposed of by a seperate document, describing the place where the document will be found. ... A residuary estate, in the law of wills, is any portion of the testators estate that is not specifically devised to someone in the will, or any property that is part of such a specific devise that fails. ... Lapse and anti-lapse are complementary concepts under the law of wills, which address the disposition of property that is willed to someone who dies before the testator (the writer of the will). ... Ademption is a term used in the law of wills to determine what happens when property bequested under a will is no longer in the testators estate when the testator dies. ... Abatement (derived through the French abattre, from the Late Latin battere, to beat), a beating down or diminishing or doing away with; a term used especially in various legal phrases. ... The doctrine of acts of independent significance, in the common law of wills, permits the testator to effectively change the disposition of her property without changed her will, if acts or events with relation to the property itself have some significance beyond avoiding the requirements of the will. ... An elective share is a term used in American law relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedents will. ... A pretermitted heir is a term used in the law of property to describe a person who would likely stand to inherit under a will, except that the testator (the person who wrote the will) did not know or did not know of the party at the time the will... A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will). ... In the common law tradition, testamentary capacity is the legal term of art used to describe a persons legal and mental ability to make a valid will. ... Undue influence (as a term in jurisprudence) is an equitable doctrine that involves one person taking advantage of a position of power over another person. ... This article or section does not cite its references or sources. ... Where property is passed to a person but no gift is made, it is held for the owner, this is the Resulting trust; where property should for some reason of public policy or fairness or rule of Equity be held for someone other than the legal owner, this is either... An asset-protection trust is a term which covers a wide spectrum of legal structures. ... The Protective Trust is a form of settlement found in England and Wales and several Commonwealth countries. ... A spendthrift trust is a trust that is created for the benefit of a person who is in debt (often because they are unable to control their spending) that gives an independent trustee full authority to make decisions as to how the trust funds may be spent for the benefit... In the U.S., proper ownership of life insurance is important if the insurance proceeds are to escape federal estate taxation. ... A charitable trust (or charity) is a trust organized to serve private or public charitable purposes. ... An honorary trust, under the law of trusts, is a device by which a person establishes a trust for which there is neither a charitable purpose, nor a private beneficiary to enforce the trust. ... A resulting trust is a type of implied trust created through implication of law where the actions of the parties involved and the nature of the transaction implies an intention to create a trust. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Special Needs Trusts are created to ensure that beneficiaries who are developmentally disabled or mentally ill can receive inheritances without losing access to essential government benefits. ... Please wikify (format) this article as suggested in the Guide to layout and the Manual of Style. ... In common law legal systems, a trust is a contractual relationship in which a person or entity (the trustee) has legal title to certain property (the trust property or trust corpus), but is bound by a fiduciary duty to exercise that legal control for the benefit of one or more... A pour-over will is a testamentary device wherein the writer of a will creates a trust, and decrees in the will that the property in his estate at the time of his death shall be placed in the trust. ... The English cy pres doctrine (pronounced as see-pray) is a legal doctrine of the Court of equity. ... A contract is any promise or set of promises made by one party to another for the breach of which the law provides a remedy. ... In the common law, a tort is a civil wrong for which the law provides a remedy. ... Property law is the area of law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... The law of evidence governs the use of testimony (e. ... A power of attorney or letter of attorney in common law systems or mandate in civil law systems is an authorization to act on someone elses behalf in a legal or business matter. ... Health care or healthcare is the prevention, treatment, and management of illness and the preservation of mental and physical well-being through the services offered by the medical, nursing, and allied health professions [1]. The organised provision of such services may constitute a healthcare system. ... Proxy may refer to something which acts on behalf of something else as in: Proxy democracy, a bottom-up democracy or delegative democracy Proxy server, a computer network service that allows clients to make indirect network connections to other network services Proxy pattern, a software design pattern in computer programming... This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... Legal instrument is a legal term of art that is used for any written legal document such as a certificate, a deed, a will, an Act of Parliament or a law passed by a competent legislative body in municipal (domestic) or international law. ... This article is about witnesses in law courts. ... An Embossed Notary Seal. ...

  • That the principal is appointing an individual to direct their health care decisions should the principal be unable to do so (e.g. called "power of attorney for health care"), or
  • Specific directives as to the course of treatment that is to be taken by caregivers, or, in particular, in some cases forbidding treatment and sometimes also food and water, should the principal be unable to give informed consent ("individual health care instruction") due to incapacity.
Refusal of treatment form
Refusal of treatment form

As the name suggests, the term "will to live", as opposed to the other terms, tends to emphasize the wish to live as long as possible rather than refusing treatment in the case of serious conditions. People who feel they are near the end of their life often consciously refuse food and/or water. ... Informed consent is a legal condition whereby a person can be said to have given consent based upon an appreciation and understanding of the facts and implications of an action. ... Image File history File linksMetadata Download high resolution version (1600x1200, 548 KB) Description: File links The following pages link to this file: Living will Patient refusal of nutrition and hydration Metadata This file contains additional information, probably added from the digital camera or scanner used to create or digitize it. ... Image File history File linksMetadata Download high resolution version (1600x1200, 548 KB) Description: File links The following pages link to this file: Living will Patient refusal of nutrition and hydration Metadata This file contains additional information, probably added from the digital camera or scanner used to create or digitize it. ...


In the Netherlands, patients and potential patients can specify the circumstances under which they would want euthanasia for themselves. They do this by providing a written euthanasia directive. This helps establish the previously expressed wish of the patient even if the patient is no longer able to communicate. However, it is only one of the factors that is taken into account. Euthanasia (from Greek: ευθανασία -ευ, eu, good, θανατος, thanatos, death) is the practice of terminating the life of a person or an animal because they are perceived as living an intolerable life, in a painless or minimally painful way either by lethal injection, drug overdose, or by the withdrawal of life support. ...


In Switzerland, there are several organizations which take care of registering patient decrees, forms which are signed by the patients declaring that in case of permanent loss of judgment (e.g., inability to communicate or severe brain damage) all means of prolonging life shall be stopped. Family members and these organizations also keep proxies which entitle its holder to enforce such patient decrees. Establishing such decrees is relatively uncomplicated.


In the United States, most states recognize living wills or the designation of a health care proxy.[1] However, a "report card" issued by the Robert Wood Johnson Foundation in 2002 concluded that only seven states deserved an "A" for meeting the standards of the model Uniform Rights of the Terminally Ill Act. [2] Surveys show that one-third of Americans say they've had to make decisions about end-of-life care for a loved one.[3] The Robert Wood Johnson Foundation is one of the worlds largest philanthropic organizations. ... The Uniform Rights of the Terminally Ill Act (1985, revised 1989), has been recommended as a Uniform Act in the United States, and subsequently been passed by many states. ...


The Terri Schiavo case

During the weeks leading up to Easter of 2005, the case of Terri Schiavo generated much interest in living wills. The Robert Wood Johnson Foundation study concluded that only 15 percent to 20 percent of the U.S. population had living wills in 2002. By contrast, public opinion surveys taken during the Schiavo controversy showed that about 37 percent of Americans said they had a living will, but 69 percent of those without a living will said the case made them think about getting one.[4] This article is about the Christian festival. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Theresa Marie Terri Schiavo (December 3, 1963 – March 31, 2005) was a woman from St. ...


A number of entities have reported an upswing in requests for forms or other information on living wills. The non-profit organization Aging with Dignity has said that they have received thousands of calls and e-mails concerning living wills. The Westfield, New Jersey-based U.S. Living Will Directory national registry reported the number of hits on their website went from about 500 to 600 per day to well over 5,000. Others, such as lawyers, hospitals, and state bar associations, have also seen an increased interest in living wills.


Many have highlighted Schiavo's case to make the point that people should make living wills regardless of age or current health status, pointing to the fact that even younger people can face terminal illness or have an accident. For example, Schiavo suffered her brain injury when she was only in her mid-20s. They also feel that expressing one's wishes verbally is not enough, and that those wishes should be formally documented. Legal experts say that the entire court battle could have been avoided if Schiavo had properly documented her wishes prior to her collapse. However many other experts have found that the strength of living wills has been overstated:

This article or section does not cite its references or sources. ...

See also

The Uniform Rights of the Terminally Ill Act (1985, revised 1989), has been recommended as a Uniform Act in the United States, and subsequently been passed by many states. ... A DNR, or Do Not Resuscitate order, is a written order from a doctor that resuscitation should not be attempted if a person suffers cardiac or respiratory arrest. ... People who feel they are near the end of their life often consciously refuse food and/or water. ... Estate planning is the process of accumulating and disposing of an estate to maximize the goals of the estate owner. ... A Ulysses pact is a freely made decision that is designed and intended to bind oneself in the future. ...

External links


  Results from FactBites:
 
Living Will (410 words)
A Living will is a document that gives a trusted friend or relative the authority to refuse extraordinary medical care to prolong your life.
Living Will indicates that it is a Will but is more similar to a Power of Attorney than a Will.
Your Living Will generally becomes operative when it is given to your physician and you are incapable of making health care decisions for yourself.
  More results at FactBites »

 
 

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