A person should not be a witness if that person is a beneficiary under the Will. Rev. Some states use the term "Personal Representative," rather than "Executor," but generally, either term is acceptable. Legal Med. Ann. article 13dd. Different from many other template websites, Rocket Lawyer offers more than a basic template to make your Last Will and Testament, with interview questions that guide you through the journey and help you build a customized Will. 70.122.130 (West 2007). See Jon F. Merz, On A Decision-Making Paradigm of Medical Informed Consent, 14 J. In three states, the agent must accept their appointment in writing.76, The legal transactional approach also utilizes an array of mandatory procedures or other limitations. UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT. If a child of mine does not survive me and has no children who survive me, such deceased child's share shall be distributed in equal shares to my other children, if any, or to their respective children by right of representation. By the end of 1999, 42 states had statewide protocols in place, most frequently created by legislation. All references in this Will to "my children" are references to the above-named child and any children born to me or adopted by me after the signing of this Will. 155.30(1) (West 2007). Ann. Rev. Although attaching the affidavit has nothing to do with the legality of the Will itself, it can speed the admission of the Will to probate after the death of the Will writer because it eliminates the need to have a witness appear at the probate proceeding to testify that the formalities in signing the Will were followed. 5461 (West 2007); Utah Code Ann. See, e.g. 166.163 (Vernon 2007); Vt. Stat. "Purpose and Types of Guardianship." 1978 24-7A-5 (West 2007); N.C. Gen. Stat. Ann. 1395cc(f); 42 U.S.C.A. Code 2133.02(A)(2) & (3) and 1337.13(E) (West 2007). 144A.7 (West 2007); Ky. Rev. The death of a beneficiary. See e.g., Conn. Gen. Stat 19a-578 (West 2007); Fla. Stat. Henry R. Glick, The Right-to-Die: State Policymaking and the Elderly, 5 Journal of Aging Studies 2830307, 285 (1991). "Purpose and Types of Guardianship." Stat. west virginia innovative mine safety technology tax credit act. WebIt's very easy to set forth your wishes with a free Last Will and Testament template from Rocket Lawyer: Make your Will - Answer a few questions, and we will do the rest; Send or share - Review the document with a lawyer, if needed; Sign it - Mandatory or not, having two disinterested witnesses is a best practice; This method, in most cases, will end up being 127.635(3) (West 2007). Ann. tit. Ann. Tangible personal property includes jewelry, furniture, cars, and other items that have a physical essence. [Health-Gen.] 5-619 to -626 (2007); Montana http://www.montana.edu/wwwpb/pubs/mt200602.html; North Carolina http://www.secretary.state.nc.us/ahcdr/; Vermont http://healthvermont.gov/vadr/register.aspx. Ala. Code 1; 75 22-8A-11 & -6 (2007); Conn. Gen. Stat. Code Ann. Code Ann. Assistant Secretary for Planning and Evaluation, Room 415F 145B.17 [LW]; Mich. Comp. ABA Commission on Law and Aging, End-of-Life Care Legal Trends 2000 (2000) (unpublished legislative tracking report, citing Alabama, Arizona, Connecticut, Delaware, Florida, Hawaii, Kentucky, Maine, Maryland, Minnesota, Mississippi, New Jersey, New Mexico, Oklahoma, Oregon, and Virginia). The informed component of consent was not directly acknowledged until the California cases of Salgo v. Leland Stanford Jr. University Bd. Ann. ARTICLE 4. uniform interstate enforcement of domestic violence protection orders act. An official website of the United States government. 19a-571 (West 2007); 16 Del. article 13cc. SHORT TITLE, DEFINITIONS AND GENERAL PROVISIONS. 765.401 (West 2007); Haw. Both informed consent and trust paradigms are characteristic of a legal transactional approach that became the paradigm for state advance directive legislation. Ind. The Trustee shall provide an accounting to the Beneficiary (or Beneficiaries) on at least a(n) basis. 58-632 (2006); Ky. Rev. 13.52.030 (West 2007); Ariz. Rev. While both the drivers license and registry strategies seek in concept to enhance notice of, and access to, advance directives, there is little empirical evidence available with which to assess their effectiveness in reaching these goals. Even with Rocket Lawyer, complicated estates or beneficiary situations might still necessitate legal advice from an estate lawyer. Driving under influence of alcohol, controlled substances, or drugs; penalties. Ann. Code Ann. See http://www.abanet.org/aging, (accessed November 13, 2007). See also, Lauren G. Collins, Susan M. Parks, & Laraine Winter, The State of Advance Care Planning: One Decade after SUPPORT, 23 Am. 1424-1429 (2004); Terri A. Schmidt, Susan E. Hickman, Susan W. Tolle & H. S. Brooks, The Physician Orders for Life-Sustaining Treatment (POLST) Program: Oregon Emergency Medical Technicians Practical Experiences and Attitudes, 52 J. Amer. 145C.10(e) (West 2007) [DPA] and Minn. Stat. I, , of , , revoke my former Wills and Codicils and declare this to be my Last Will and Testament. Ethics 55-56 (Spring 1994). The affidavit recites that the requisite formalities were observed in signing the Will. Where there are multiple surrogates, such as in the case where there are multiple adult children authorized as decision makers, the issue of how to resolve disputes among the surrogates may arise. COVID-19 Appellate and Local Court Information Orders, notices and procedures from appellate and local courts about emergency operations due to COVID A coin is tangible personal property, while 25 cents in a checking account is intangible personal property. Policy makers turned to validating and reshaping the use of durable powers of attorney to apply to health care.33, Powers of attorney existed in the common law as a tool by which a principal empowers an agent to act on the principal's behalf. Stat. Being of "sound mind" requires that the Will writer: (a) know that he or she is signing a will, (b) know the general nature and extent of his or her property, and (c) know the descendants or other relatives that would ordinarily be expected to share in the estate. Living trusts can be excellent estate planning tools, but they aren't necessarily going to protect your assets. The driver of medical interventions in hospitals and other health care settings remains physician orders along with standard clinical procedures. 7.70.065 (West 2007). For example, the Will does not dispose of joint tenancy assets or the Will writer's spouse's share of community property, and it does not normally apply to proceeds of life insurance on the Will writer's life or to his or her retirement plan benefits. 31-32-14 (West 2007) [combined Act]; Iowa Code Ann. A new Will with provisions for minor children should be created. The written directive is still an intended outcome, but greater emphasis is placed on the process, not the form. Your Will does NOT determine the beneficiary (recipient) of the proceeds of any of these agreements. Facebook Twitter YouTube. 127.505(12), 127.535(4), 127.635 (West 2007); Tenn. Code Ann 68-11-1806 (West 2007). If a beneficiary has a "disability", the Trustee shall provide the accounting to a guardian or conservator of the beneficiary, if any. 197-203 (February 1999); John M. Roe et al., Durable Power of Attorney for Health Care: A Survey of Senior Center Participants, Archives of Internal Medicine 152 (1992): 292-96. address confidentiality program. Code 2133.02(A)(2) & (3) (for living wills) and 1337.13(E) (West 2007) (for health care powers of attorney). Where Are They In The Prehospital Setting? Compensation. Ann. 75-2-1117(4) (West 2007) [combined act]; Va. Code Ann. COVID-19 Appellate and Local Court Information Orders, notices and procedures from appellate and local courts about emergency operations due to COVID 63, 3102A (West 2007). "54 By the beginning of 2000, some 16 states had comprehensive or combined advance directive statutes, which at a minimum, combined living wills and proxies in the same law.55 By 2002, 20 states had combined statutes.56 By early 2007, the number had inched up to 25. article 18. bureau for child support enforcement. (a) Any person who breaks and enters, or enters without breaking, a dwelling house or outbuilding adjoining a dwelling with the intent to commit a violation of the criminal laws of this state is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than one nor more than 15 years. Rocket Lawyer makes it easy to create a highly customized and legally binding Will. Menu. 3 min read . A self-proved Will may be admitted to probate without additional witnesses or affidavits, but it is still subject to contest on such grounds as undue influence, lack of testamentary capacity, or prior revocation. Code Ann. In many ways, the POLST form represents a sea change in advance care planning policy by making key provider communications In a pair of decisions in 1997, the Court held that neither the Due Process clause nor the Equal Protection clause of the 14th Amendment created a constitutional right to assisted suicide.24 At the same time, the decision did not preclude states from creating by statute, as Oregon has done, a process for aid-in-dying.25. 32A-15 (West 2007) [DPA]. Seventeen states and the District of Columbia authorize a close friend as surrogate but usually at or near the end of the priority list.117 Thus, most of these laws provide a poor framework for domestic partners or non-traditional families. Health Law 2965 (McKinney 2007) [Limited to DNR orders]; N.D. In the early 1990s, Oregon experimented with a protocol for seriously chronically ill patients, called Physicians Orders for Life-Sustaining Treatment, or POLST.109 There are several ways to describe the POLST process, but relevant to this review are three key tasks it aims to accomplish. Examples have typically involved Jehovah's Witnesses blood transfusion cases.14, A right of privacy based primarily on the Due Process Clauses of the Fourteenth Amendment and on state constitutions. 449.626 (West 2007); N.M. Stat. Abortion; penalty. Interestingly, Kutner also analogized the living will to a revocable or conditional trust with the patients body as the res, the patient as the beneficiary and grantor, and the doctor and hospital as the trustees.29 As with any trust instrument, the document sets forth the terms for managing the res, which in the context of medical care, means the extent to which the health care providers should undertake treatment. States have adopted these laws to prevent any conflict of interest from those who may be in line for gifts, or who may benefit from your death. See K.V. Most states permit an individual to own property with another individual in a manner known as "joint with rights of survivorship." See http://www.critical-conditions.org, (accessed November 13, 2007). article 8c. Constitutional bases of the right to refuse medical treatment have included: First Amendment religious grounds. The number of living will laws snowballed during the next ten years, so that by the end of 1986, 41 states had adopted living will laws.32 But it was not long before the shortcomings of living wills became apparent to policy makers, especially with respect to the narrow range of decisions it applied to. Public Law 104-191 (1996). A Will does not have to be filed with the county until the testator passes away. Ann 1299.58.10(C) (West 2007) [LW]; Md. public charter schools. Institute of Medicine, Committee on Care at the End of Life, Approaching Death: Improving Care at the End of Life (Marilyn J. Code Ann. This includes avoiding situations that would create a conflict of 15-18.5-103 (West 2007); 16 Del. While state advance directive law is far from the model advocated by Lo and Steinbrook, the growing prominence of a communications approach is reflected in incremental but real steps toward simplification of state law, especially with respect to mandatory forms or language. Menu. Make your Will - Answer a few questions, and we will do the rest, Send or share - Review the document with a lawyer, if needed, Sign it - Mandatory or not, having two disinterested witnesses is a best practice. If you have questions about making a legally valid will, talk to a lawyer. WebRemoved reference to Tax Equity and Fiscal Responsible Act (TEFRA) since repealed by Bipartisan Budget Act of 2015: IRM 21.7.13.3.4.1(1) --IPU issued 03-16-2022: guardianship, receivership or custodianship that has yet to receive an SSN. Enrolled Committee Substitute for Senate Bill 37, Enrolled Committee Substitute for House Bill 583, Search for phrases with double quotes around the phrase like this: claims commission, Use a + symbol in front of a word to include it and use a in front of a word to exclude it from searches like this: +railroad -sign, If you type multiple words without quotes or +/- symbols, the search will look for all results containing any of the words. Private national efforts have been tried for a number of years, but none have achieved the critical mass to be truly national. 2133.08 (West 2007); Okla. Stat. ARTICLE 10A. Stat. See also PSDA regulations at 42 CFR Parts 417, 430, 431, 434, 483, 484, and 489. It simply depends on your specific preferences and circumstances. The technological developments in medicine during the 1960s and 1970s thrust medicine into a new world where, for the first time, it often became difficult to distinguish saving life from prolonging suffering and death.30 A Time Magazine review of the then pending Karen Ann Quinlan trial in New Jersey in 1975, captured the tenor of the time: [A]lmost all doctors are decidedly uneasy about terminating treatment once it has been started, especially if doing so will mean the certain death of a patient. A narrow reading of these statutes could unduly restrict the authority of a surrogate; however, since the authority to consent is illusory without the ability to say no, these laws should be sufficient to authorize surrogates to withhold treatments, too. These exist is some 40 states and the District of Columbia, although they vary significantly in breadth and depth.43 All create a list of permissible surrogates, usually starting with spouse and a next-of-kin priority list. If any person buys or receives from another person, or aids in concealing, or transfers to a person other than the owner thereof, or possesses any stolen goods or other thing of value, which he or she knows or has reason to believe has been stolen, that person is guilty of the larceny thereof, and may be In such a highly mobile society, the concern may affect many people. that they take possession of and care for all my animals for the remainder of the animals' lives. Driving under influence of alcohol, controlled substances, or drugs; penalties. the west virginia manufacturing property tax adjustment act. 127.531 (West 2007); S.C. Code Ann. 61-2-9a. Deciding which is right for you is about The custodian (whether trustee or guardian) of my children's assets may transfer all or part of the custodial property to a qualified minors trust without court order provided that the trust meets the requirements of Internal Revenue Code section 2503(C). The speeds set forth in this section may be altered as authorized in sections two and three of this article. State of Iowa. Most commonly disqualified as witnesses are the named agent, the treating health care provider and facility staff.72 Three states require the directive to be both witnessed and notarized.73 Six states impose special witnessing requirements on directives executed in an institutional setting.74 South Carolina provides an example of extensive witness disqualifications. (c) The driver of every vehicle shall, consistent with the requirements of subsection (a) of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions. Upon a formal vote and a written request by a county board of education to expand a school zone to a road that is adjacent to school property or from the entrance to an access right-of-way, the West Virginia Division of Highways shall expand the school zone by erecting new signage indicating the expanded school zones location and speed limit within ninety days of receiving the request: Provided, That the school zone may not be expanded more than one hundred twenty-five feet along an adjacent road unless the division determines that the additional extension is needed and necessary for the safety of the school children. Lack of Available Surrogate (the unbefriended patient). Many states require only two witnesses, but the signature of a third witness provides some protection against the possibility that one of the witness' signatures will be invalid for some reason. For example, in California, an individual with hallucinations or delusions resulting from a mental illness may not be considered to have the capacity to make a valid will, if their decision-making with regard to the will and the distribution of their property is impacted. Search for phrases with double quotes around the phrase like this: claims commission, Use a + symbol in front of a word to include it and use a in front of a word to exclude it from searches like this: +railroad -sign, If you type multiple words without quotes or +/- symbols, the search will look for all results containing any of the words. Some limit surrogates to fairly close relatives. The common law right to refuse or discontinue medical treatment has been established and recognized for decades. west virginia farm-to-food bank tax credit. Methods of Distribution. Code 23-12-13 (2007); Tex. Every person over 18 should have a Last Will and Testament in place. A fourth wave of legislation was not so much a wave as a slowly rising tide, going as far back as the 1960s and continuing to the present. The primary congressional foray into this subject is the Patient Self-Determination Act, enacted as part of the Omnibus Budget Reconciliation Act (OBRA) of 1990.60 The Act was a fairly modest amendment to federal Medicare and Medicaid law, but it was hoped that it would have an effect on the way most adults make and plan for health care decisions. ARTICLE 5B. 68-11-1806 (West 2007); Va. Code Ann. For example, Florida law defines "Close personal friend" as any person 18 years of age or older who has exhibited special care and concern for the patient, and who presents an affidavit to the health care facility or to the attending or treating physician stating that he or she is a friend of the patient; is willing and able to become involved in the patient's health care; and has maintained such regular contact with the patient so as to be familiar with the patient's activities, health, and religious or moral beliefs. Fla. Stat Ann. Rev. Therefore, the suggested solution is that the individual, while fully in control of his faculties and his ability to express himself, indicate to what extent he would consent to treatment. 5-605 (West 2007); Miss. article 7a. GUARDIANS OF MENTALLY RETARDED AND MENTALLY HANDICAPPED PERSONS. For example, it has been implemented both with legislation (as in West Virginia114) and without legislation through provider collaboration (as in Oregon115). See, e.g., Angela Fagerlin & Carl E. Schneider, Enough: The Failure of the Living Will, 34 The Hastings Center Report 30-42 (March-April 2004); Peter H. Ditto, et. CREATION OF NEW COUNTY; CHANGE IN COUNTY LINE. Captions; Format; Filing and Service by Facsimile Transmission Guardianship and Conservatorship Proceedings; Petitions 5-802(a) (West 2007). Ann. Abortion; penalty. Since Oregon s development of the POLST form, Washington State and West Virginia and parts of several other states have implemented similar protocols, 113 and other states are considering following suit. the west virginia second amendment preservation and anti-federal commandeering act. (b) Where no special hazard exists that requires lower speed for compliance with subsection (a) of this section, the speed of any vehicle not in excess of the limits specified in this section or established as authorized in this section is lawful, but any speed in excess of the limits specified in this subsection or established as authorized in this section is unlawful. Rosters include a search for pending cases, and a list of recent past and pending scheduled motions, trials, and other hearings searchable by type and begin date. In general terms, informed consent may be described as the physicians legal obligation to make adequate disclosures of the medically recognized risks, benefits, and alternatives to any proposed diagnostic or therapeutic medical procedures to allow their patients to make informed decisions and to give an informed consent to those procedures.11 Another way to describe informed consent -- as well as informed refusals of consent -- is through its three requisite elements: informed, voluntary, and competent.12 Courts and legislators have taken differing tacks in defining the nature and depth of information required to be disclosed to patients, while the voluntary and competent components have remained more consistent in concept, but only in concept. Health-Gen. Code Ann. Code 1337.17 (West 2007); Or. To obtain a printed copy of this report, send the full report title and your mailing information to: U.S. Department of Health and Human ServicesOffice of Disability, Aging and Long-Term Care PolicyRoom 424E, H.H. Any person who shall administer to, or cause to be taken by, a woman, any drug or other thing, or use any means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and shall thereby destroy such child, or produce such abortion or miscarriage, shall be guilty of a felony, and, upon conviction, ABA, Health Care Power of Attorney and Combined Advance Directive Legislation (Chart), September 1, 2004, available at http://www.abanet.org/aging/legislativeupdates/home.shtml (accessed November 13, 2007). . "How to Set Up a Guardianship or All references in this Will to "my children" are references to the above-named child. However, whether advance directives laws can achieve that goal is still very much an open question. That said, it is possible to have multiple valid wills for dealing with property in multiple states, if one will is a supplement to another, or for other limited reasons. A majority of states impose limitations on implementing advance directives if the patient is pregnant. Rocket Lawyer has helped over 20 million businesses, families and individuals make legal documents, get attorney advice, and confidently protect their futures.Legal information and other services are delivered by or through Rocket Lawyer via RocketLawyer.com. Accounting. Code Ann. Use of resources such as these by no means marks the end of the transactional legal model, but it does suggest a growing awareness of the central role of communication at the center of the process. Driving while license suspended or revoked; driving while license revoked for driving under the influence of alcohol, controlled substances or drugs, or while having alcoholic concentration in the blood of eight hundredths of one percent or more, by weight, or for refusing to take secondary chemical test of blood alcohol contents. 8194, 8199, March 6, 1992), HHS has done relatively little. uniform interstate enforcement of domestic violence protection orders act. Only two -- Colorado and Hawaii -- avoid imposing any priority. west virginia uniform fiduciary access to digital assets act. west virginia feed to achieve act. You must be mentally competent when you sign the Will, and in most states, you must meet a minimum age requirement of at least 18 years old. 90-322 (West 2007); Ohio Rev. 5-801 to 5-818 (West 2007); Miss. Living trusts can be excellent estate planning tools, but they aren't necessarily going to protect your assets. A self-proved Will may be admitted to probate without additional witnesses or affidavits, but it is still subject to contest on such grounds as undue influence, lack of testamentary capacity, or prior revocation. (h) Any person operating a commercial motor vehicle engaged in the transportation of coal on the coal resource transportation road system who violates subsection (a), (b) or (c) of this section shall, upon conviction, be subject to fines in triple the amount otherwise provided in subsection (e) of this section. ARTICLE 13. Ann. While no significant patterns of abuse have been identified in the research literature, the fact that these decisions do indeed involve life and death consequences, the protection of vulnerable persons will remain a challenge. OPTIONAL PROCEDURE FOR PROOF AND ALLOWANCE OF CLAIMS AGAINST ESTATES OF DECEDENTS; COUNTY OPTION. Another possible measure of simplification is to ask whether state law has become uncomplicated enough to enable a single advance directive form to meet the statutory requirements of all 50 states and the District of Columbia. A fifth and most important wave of legislation began as a merging of the separate health care decisions acts states had already enacted. 32A-16(3) (West 2007); W.Va. Code Ann. Ann. In many states, a witness cannot be a beneficiary of the estate. West Virginia Code You'd like to specify the people or organizations that will and will not receive your property after your death. Prob. 36-3231 (West 2007); Colo. Rev. The North Carolina statute states this perspective most succinctly in its statement of purpose of its advance directive law: The General Assembly recognizes as a matter of public policy the fundamental right of an individual to control the decisions relating to his or her medical care, and that this right may be exercised on behalf of the individual by an agent chosen by the individual. The protocols, in effect, created a kind of hybrid special advance directive and portable doctors order. 26:2H-53 to -81 (West 2007). SHORT TITLE, DEFINITIONS AND GENERAL PROVISIONS. Gifts made at the time of death (whether through a last will and testament or a living trust) are made as specific bequests or residuary bequests. 5-805(West 2007); Mont. Such changes are usually disregarded. Rev. (a) If any person maliciously shoots, stabs, cuts or wounds any person, or by any means cause him or her bodily injury with intent to maim, disfigure, disable or kill, he or she, except where it is otherwise provided, is guilty of a felony and, upon conviction thereof, shall be punished by 765.401 (West 2007); 755 Il. They can also be charitable organizations or trusts. 3 min read . See generally Alan Meisel & Katy L. Cerminare, supra n. 14, at 3.18 -3.24. Twelve states include limitations that prohibit a surrogate from consenting to medical interventions that are especially consequential or controversial, such as sterilization or abortion or psycho-surgery. Louisiana Civil Code, Articles 1577 -1582.1. This includes avoiding situations that would create a conflict of Web61-3-18. 24-7A-2(A) and 24-7A-5 (West 2007). (j) If an owner or driver is convicted in another state for the offense of driving above the maximum speed limit on a controlled access highway or interstate highway and if the maximum speed limit in the other state is less than the maximum speed limit for a comparable controlled access highway or interstate highway in this state, and if the evidence shows that the motor vehicle was being operated at ten miles per hour or less above what would be the maximum speed limit for a comparable controlled access highway or interstate highway in this state, then notwithstanding the provisions of section four, article three, chapter seventeen-b of this code, a certified abstract of the judgment on the conviction shall not be transmitted to the Division of Motor Vehicles or, if transmitted, shall not be recorded by the division, unless within a reasonable time after conviction, the person convicted has failed to pay all fines and costs imposed by the other state: Provided, That the provisions of this subsection do not apply to conviction of owners or drivers who have been issued a commercial drivers license as defined in chapter seventeen-e of this code, if the offense was committed while operating a commercial vehicle. For additional information about this subject, you can visit the DALTCP home page at http://aspe.hhs.gov/_/office_specific/daltcp.cfm or contact the ASPE Project Officer, Susan Polniaszek and Judith Peres, at HHS/ASPE/DALTCP, Room 424E, H.H. Since Oregons development of the POLST form, Washington State and West Virginia and parts of several other states have implemented similar protocols,113 and other states are considering following suit. If the testator has already been declared legally incompetent, a conservatorship could be required. [Health and Safety] Code Ann. Alaska Stat. West Virginia Lawyer Disciplinary Board City Center East, Suite 1200 4700 MacCorkle Avenue SE Charleston, WV 25304 Phone: (304) 558-7999. Int. 1396a(w). The West Virginia Division of Highways shall erect signage indicating the place of entry and exit of each school zone. ; Connect Coordinator is for organizations using LHI Connect. Code 2430-2443). To promote the dissemination of more accurate and consistent information, the Act mandated states to develop written descriptions of relevant state law: [T]he state, acting through a state agency, association, or other private non-profit entity, [shall] develop a written description of the law of the state (whether statutory or as recognized by the courts of the state) concerning advance directives that would be distributed by providers or organizations under the requirements of [the Act].63. that, after placement, shelter personnel make follow-up visits to assure that my animals are receiving proper care in their new homes, . Given information about their circumstances and their capacity to withstand medical interventions, patients, together with their physicians, need to formulate broad goals for medical care. Muriel R. Gillick, A Broader Role for Advance Medical Planning, 123 Ann. ch. 54.1-2986 (West 2007). Code Ann. (a) If a person commits simple larceny of goods or chattels of the value of $1,000 or more, such person is guilty of a felony, designated grand larceny, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than ten years, or, in the discretion of the court, Koenig et al., Do-Not-Resuscitate Orders. Several additional states that lack language similar to the above are modeled upon the Uniform Health Care Decisions Act,4 which provides such broad flexibility in the recognition of any form of advance directive -- written and oral -- that non-pre-emption language is unnecessary.5 The recognition that advance directive laws create no new substantive rights and, instead, provide only elective pathways for implementing existing rights is an important threshold principle with which to begin a review of the legal landscape, for it sets these laws in their proper legal context.
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