Ralph C. Brashier, Cecil C. Humphreys Professor of Law at the University of Memphis Cecil C. Humphreys School of Law, has published an article entitled "Policy, Perspective, and the Proxy Will," in the South Carolina Law Review. The following is a summary of the article:
"In Policy, Perspective, and the Proxy Will, Professor Brashier examines the development of the proxy will, which allows a conservator to make, amend, or revoke the will of a protected person. He calls into question current proxy will making statutes and explains why they are incomplete. Professor Brashier also notes that once proxy wills are allowed in some instances, they may not be confined to conservatorship proceedings. Notably, he explores whether they could and should extend to durable powers of attorney. Finally, Professor Brashier argues that if proxy will making is to exist, carefully defined rules must exist to ensure that the testator's intent is upheld."
Posted by Neil I. Rumbak, Associate Editor, Wealth Strategies Journal.
"In Policy, Perspective, and the Proxy Will, Professor Brashier examines the development of the proxy will, which allows a conservator to make, amend, or revoke the will of a protected person. He calls into question current proxy will making statutes and explains why they are incomplete. Professor Brashier also notes that once proxy wills are allowed in some instances, they may not be confined to conservatorship proceedings. Notably, he explores whether they could and should extend to durable powers of attorney. Finally, Professor Brashier argues that if proxy will making is to exist, carefully defined rules must exist to ensure that the testator's intent is upheld."
Posted by Neil I. Rumbak, Associate Editor, Wealth Strategies Journal.
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