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LaPiana on the New York Family Health Care Decisions Act

The Family Health Care Decisions Act (FHCDA) will come into force on June 1, 2010. The legislation adds new Article 29-CC to the New York Public Heath Law ( §§ 2994-a though 2994-s ). The new statutes provide a legal framework for making health care decisions for persons who lack capacity to...

New California Trust Case–Capacity to Execute a Trust, Andersen v. Hunt

Andersen v. Hunt (California Court of Appeal, Second District, B221077, June 14, 2011) Summary: the capacity to execute a trust is evaluated pursuant to Cal. Prob. Code §§810 to 813; however, "§§810 to 813 do not set out a single standard for contractual capacity, but rather...

Morrison & Foerster LLP: Wills and Trusts: Different Standards for Capacity?

By Genevieve M. Moore , Morrison & Foerster LLP It is more and more common for individuals to use a revocable trust instead of a Will as their primary estate planning document, particularly in California where we practice. Although there is an up-front cost to establishing the trust and transferring...

Florida Court Finds that Settlor Lacked Requisit Capacity to Execute Trust Amendment

In the Florida case of Jervis v. Tucker, 37 Fla. L. Weekly D349 (Fla. 4th DCA 2012) [ enhanced version available to lexis.com subscribers ], Bernice J. Meikle executed a revocable trust agreement in 1991, which she subsequently amended by executing a first amendment. Her trust, as amended by the first...