elder law

conservatorship

A conservatorship is the appointment of a conservator by the court to manage a person’s affairs who is unable to handle them due to their mental capacity, age, or physical disability. The person under the conservatorship is referred to as “...

cotrustee

Cotrustee (also known as joint trustee) refers to a manager of a trust with multiple trustees. A trust can be established with numerous trustees which may be necessary for large trusts or those involving complex assets. The trustees can have...

Cruzan v. Missouri Department of Health (1990)

Overview:

Cruzan v. Missouri Department of Health (1990) is an important United States Supreme Court case involving an incompetent young adult and the “right to die.” This case was the first "right to die" case heard by the Supreme Court. In...

curator

A curator is a conservator; a guardian; one appointed as an agent or manager of a minor or a person who is mentally incompetent.

A curator ad litem is a guardian ad litem.

The person in charge of a museum,...

diminished capacity

"Diminished capacity," as opposed to "not guilty by reason of insanity."

Diminished capacity is a theory that a person due to unique factors could not meet the mental state required for a specific intent crime. A diminished...

directive to physicians

A directive to physicians and family (also called living wills, health care directives, and advance directives) are legal mechanisms where an individual can choose to prevent medical personnel from using life sustaining treatments for life-...

disposing mind and memory

Disposing mind and memory (also referred to as sound mind and memory) is a requirement that a person must understand the state of their property, relationships, and the facets of a will in order for a will to be valid. A person must overcome...

durable power of attorney

A durable power of attorney refers to a power of attorney which typically remains in effect until the death of the principal or until the document is revoked. A durable power of attorney, the durability of which must be explicitly stated,...

durable power of attorney for finances

Durable power of attorney for finances, or a financial power of attorney, is a legal document that gives someone authority to manage an individual’s financial affairs. The person named to represent the individual is referred to as an agent or...

durable power of attorney for health care

A durable power of attorney for health care is a legal document that gives another person the authority to make a medical decision for an individual.The person named to represent the individual is referred to as an agent or attorney-in-fact....

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