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...
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...
By Genevieve M. Moore , Morrison & Foerster
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...
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...