Here are a few litigation issues that may arise with Advance Directives and why it is important to date your documents:
Multiple versions
Claims of undue influence, duress and fraud
Trust scams and schemes
Common liabilities and liable parties
Multiple versions of similar documents that say different things is a common litigation issue that arises with advance directives. While you may have had one gifting scheme in place, you may have changed your mind after awhile.
Anybody who has had any interactions with estate planning attorneys knows that we like to come up with as many names as possible for the same exact thing. Advance Directives are also known as:
All of these legal devices essentially do the same thing: Setting a set of directions, to an agent, that you as the principal set forth so that somebody knows what your choices are for your end of life and after life decisions.
There is federal law that governs Advance Directives known as the Patient Self Determination Act (1992). This Act requires that all providers of services give written information to each individual concerning:
Rights to make decisions under State Law
Right to accept or refuse medical treatment
Right to formulate an advance directive
Every institution must provide you with information about advance medical directives, including the right to make your own decision, under the applicable state law. Under federal law, if any institution (including hospitals and health care agencies) wants federal funding they need to abide by this.
Formerly called a “Living Will” or “Durable Power of Attorney for Health Care”, an Advance Health Care Directive allows us to deal with the situation where decisions regarding our healthcare need to be made and we are unable to communicate at that time.
The Advance Health Care Directive names an “Agent” (any person(s) of your choosing) to manage your medical and health care affairs in the event you are unable to express your preferences. The medical professionals will make this determination.
+KCMarieKnox
Los Angeles Estate Planning Attorneys 