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QUESTION

Elder Law 3.2

PURPOSE: To familiarize yourself with case law about revocation of a will or trust.

INSTRUCTIONS:

  1. Read Bernard v. Foley, 139 P.3d 1196 (Cal. 2006), Matter of Chiaro, 903 N.Y.S.2d 673 (2010), and Zagorski v. Kaletta, 2010 Ill. App. LEXIS 869 (Ill. App.) 2010.
  2. In a one-to-two page paper:
    1. Discuss how the cases address the question of whether a person acting as a guardian or under a power of attorney can amend or revoke a will or trust signed by the ward/principal? Do you agree or disagree with the opinions?
    2. Find and discuss a case from your jurisdiction, or as close to your jurisdiction as possible, that addresses this question.
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