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What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.
One of the most powerful ways we can care for our future is to create a Power of Attorney. This simple document allows an appointed person to make decisions for us in the case that we can no longer do so ourselves. But what does it mean to be someone's attorney? And how can it be set up? This book is designed to offer clear, practical advice for anyone making this decision, or needing to exercise their rights. Drawing on over two decades of professional and personal experience, Sandra McDonald explains everything that you need to know about Power of Attorney, including: - how to create the legal document - how to implement it - dealing with others and safeguarding The result is an invaluable resource for anyone who is, has or deals with a Power of Attorney.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
It is now easier than ever to authorize someone to act on your behalf in critical matters of finances, health and family. Helpful forms with instructions are included. Sections in the book cover: - Child care powers of attorney- Real estate powers of attorney- Health care powers of attorney- Financial powers of attorney- Statutory forms
Powers of attorney are one of the most important legal documents you will ever sign. Every adult should have a power of attorney. Yet, many people ignored this fundamental legal step and might have no protection if they are ever disabled or are unavailable for travel or other reasons to act for themselves. They might subject themselves to the costs and trauma of a guardianship proceeding. Many who make the effort to obtain and sign a power of attorney rely on standard boilerplate documents that might not address vital personal, tax, or legal issues that are critical to protecting themselves and their loved ones. Finally, this common legal document is often used as a spigot for elder financial abuse. This practical yet sophisticated primer is designed to educate and inform you about what a power of attorney is, how you can be certain you obtain a document that works for you, and many other practical steps. Whether you hire an estate planning specialist, a general practice lawyer, use a form supplied by your bank, or prepare a document on your own using one of the many legal websites, you will get a much better result if you read this book and understand the decisions involved. Once you have a power of attorney document, what do you do with it? How can you organize your financial and legal matters so that if you are ever disabled your agent can really help you? If you are named an agent what steps should you take? Would your religious beliefs or health challenges affect what you might need to do? This book will give you lots of practical advice that many professional advisers and legal websites often ignore. It will help you really protect yourself and accomplish your goals.