Defining the Right to Die

Although Friedrich Nietzsche was not noted for his views on medical ethics, the above quotation captures the essence of James Lindgren\u27s article. Lindgren posits that the recent O\u27Connor\u27 and Cruzan decisions signal a shift in the law on the withdrawal or withholding of treatment. He concludes that the requirement set forth in those cases-that an individual must have clearly and convincingly expressed his or her wishes before treatment can be terminated--errs unduly on the side of life. Basing his conclusion primarily on preferences revealed by public opinion polls, he contends that a better rule would be to presume, subject to proof otherwise, that an individual desires death when the individual falls into one or more of fourteen specified categories

So Many Have Died: COVID-19 in America\u27s Nursing Homes

As of the date of this writing in late September 2020, over 77,000 residents and staff of long-term care facilities have died of COVID-19 with more to come. This article will describe the reasons for this mass wave of death and provide practical suggestions for attorneys who represent a resident or family members of residents

The Uniform Trust Code (2000) and its Application to Ohio

This article provides an overview of the U.T.C., focusing on how its enactment would change existing Ohio law. The drafting of the U.T.C. was prompted by the much greater use of trusts in recent years. This greater use of the trust and consequent rise in the number of day-to-day questions involving trusts led to a recognition by the Commissioners that the trust law in most states is thin, leaving many gaps between the often few statutes and reported case

Survey Results: Use of Durable Powers

The use of durable powers of attorney (DPA) has developed rapidly over the last decade. This growth reflects the public\u27s desire for a simple and effective method of planning for possible incapacity. Although there are other planning tools, individuals frequently prefer the DPA. It is more comprehensive and provides greater certainty of result than does a joint bank account. A DPA is much easier to create than a revocable trust. By using a DPA, one can avoid an intrusive and possibly cumbersome guardianship or conservatorship proceeding

The Kansas Uniform Trust Code

Senate Bill 297, which was enacted by the Kansas legislature in 2002 and which became effective on January 1, 2003, is a substantial adoption of the Uniform Trust Code (2000) (“UTC”). The Kansas UTC is codified in a new chapter, Kansas Statutes Annotated chapter 58a. The UTC is the Uniform Law Commissioners\u27 first effort to provide the states with a comprehensive model for codifying their law on trusts

Checklist for Long-Term Care Coverage

Insurance coverage for long-term care will play an increasingly important role in a society where people are living longer and longer. Long-term care insurance is widely available and fairly easy to obtain. But the types of coverages very widely. Although nearly all states have regulations governing minimum policy terms, the policies on the market offer very different services, levels of coverage, and conditions which must be met before benefits will be paid. The following checklist will help you to decide whether long-term care insurance makes sense for your client and to choose the right kind of policy

The Uniform Trust Code (2000): Significant Provisions and Policy Issues

This Article provides an overview of the UTC, describes how it responds to recent developments in American trust practice, and describes how its enactment would change the trust law prevailing in most American states

Financial Decision-Making for Adults Lacking the Capacity to Make Their Own Decisions

A significant percentage of individuals lack sufficient mental capacity to make financial, health, and personal-care decisions for at least some period during their lifetimes. For those who die suddenly, that period may be brief. For those with Alzheimer’s Disease or other forms of dementia, the period of incapacity may last many years

Analyzing the Trust Code

Uniform Acts have played a significant role in the development of the law on trusts and estates. While the Uniform Probate Code is perhaps the best known of such Acts, there are many others. The Uniform Trust Code (2000) ( “UTC”) continues in this tradition. Like the Uniform Probate Code, it provides the states with a comprehensive model for codifying their laws. It provides the states with an opportunity to update, fill out, and systematize their law on trusts