Post by Sapphire Capital on Aug 22, 2008 7:41:51 GMT 4
Durable Powers as an Alternative to Guardianship: Lessons We Have Learned
Linda Whitton
Valparaiso University - Law School
Stetson Law Review, Vol. 37, No. 7, 2007
Valparaiso University Legal Studies Research Paper No. 08-09
Abstract:
Over thirty years of experience with the durable power of attorney has demonstrated both the advantages of durable powers as an alternative to guardianship and the concomitant risks. This Article reflects on the lessons learned from durable power of attorney use, including the key policy tensions that arise when legislatures attempt to balance the interests of the principal, the agent, and those who deal with the agent. It analyzes how planning strategies and legislative reform can enhance the usefulness of durable powers while at the same time they can provide a measure of protection for all who are affected by the power of attorney relationship. The discussion includes an overview of state legislative trends as well as the new Uniform Power of Attorney Act.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1217090_code754113.pdf?abstractid=1217090&mirid=1
Linda Whitton
Valparaiso University - Law School
Stetson Law Review, Vol. 37, No. 7, 2007
Valparaiso University Legal Studies Research Paper No. 08-09
Abstract:
Over thirty years of experience with the durable power of attorney has demonstrated both the advantages of durable powers as an alternative to guardianship and the concomitant risks. This Article reflects on the lessons learned from durable power of attorney use, including the key policy tensions that arise when legislatures attempt to balance the interests of the principal, the agent, and those who deal with the agent. It analyzes how planning strategies and legislative reform can enhance the usefulness of durable powers while at the same time they can provide a measure of protection for all who are affected by the power of attorney relationship. The discussion includes an overview of state legislative trends as well as the new Uniform Power of Attorney Act.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1217090_code754113.pdf?abstractid=1217090&mirid=1