Author Question: Discuss whether you think it is better to execute a regular durable power of attorney or a springing ... (Read 14 times)

Mollykgkg · **on:** Aug 3, 2018

Discuss whether you think it is better to execute a regular durable power of attorney or a springing power of attorney.

What will be an ideal response?

Question 2

What type of discovery tool would a party use to request copies of W-2s and retirement account statements?

a. Deposition
b. Interrogatories
c. Request for production of documents
d. Request for admissions

sailorcrescent · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

A springing power of attorney becomes effective only upon determination by a doctor that the principal is incapacitated. This puts a burden on the agent to get the principal to a doctor and to have the doctor provide a written determination that the principal is incapacitated before the agent can act. A regular durable power of attorney should be used unless the principal does not have a close friend or family member who they trust to appoint to act immediately.

Answer to Question 2

c