Glossary.
Words Have Meaning.
It is easy to spot someone who has been studying Elder Law at Google University. They will ask questions like this: "If the quarterback shoots a 3-point shot from second base and scores, does it count as a hat trick, a field goal, or a triple play?" Yeah, I didn't understand it either.
Elder Law words are "terms-of-art" that tell us about the "type" and "time" of the document or event. The "type" is either health or wealth. The "time" indicated is either before death or after death. For example, a "living will" is a document concerned with a person's health before death. However, a "last will and testament" is a document concerned with a person's wealth after death.
Words have meaning. Elder Law words have precise meanings. Don't sound like a noob. Use our glossary.
Agent
A person designated to act on behalf of another person. The Declarant can revoke an Agent's authority. The Declarant's death automatically revokes an Agent's authority. (health + wealth ∩ before death)
Ancillary Probate
(wealth ∩ after death)
Beneficiary
A beneficiary can be either "primary" or "contingent." (wealth ∩ after death)
A "primary" beneficiary is the first person eligible to receive the asset involved.
A "contingent" beneficiary is the next person eligible to receive the asset if the primary beneficiary is unavailable.
For example, a wife may designate her husband as the primary beneficiary of her IRA and her children as her contingent beneficiaries. If the husband should predecease the wife, the children will inherit thhe IRA.
Capacity
(health ∩ before death)
Codicil
(wealth ∩ after death)
Decedent
(health ∩ after death)
Declarant
(health + wealth ∩ before death)
Do-Not-Resuscitate Order
(health ∩ before death)
End-Stage Condition
A condition caused by injury, disease, or illness, which results in severe and permanent deterioration indicated by incompetency and complete physical dependency for which, to a reasonable degree of medical certainty, treatment of the irreversible condition would be medically ineffective. (health ∩ before death)
This term is used in the Oklahoma Advance Directive for Health Care.
Estate
(wealth ∩ after death)
Executor (Male) or Executrix (Female)
A person appointed by a probate court to administer a decedent's financial affairs (including debts and taxes). The appointment is typically evidenced by Letters of Administration (if no will is involved) or Letters Testamentary (if a will is involved). This term is synonymous with the gender-neutral term "personal representative." (wealth ∩ after death)
Federal Firearms License (FFL)
(wealth ∩ after death)
Grantor
(wealth ∩ before death)
Guardianship
(health + wealth ∩ before death)
Health Care Provider
A person who is licensed, certified, or otherwise authorized by law to administer health care in the ordinary course of business or practice of a profession. (health ∩ before death)
This term is used in the Oklahoma Advance Directive for Health Care.
Health Care Proxy
(health ∩ before death)
HIPAA
(health cap; before death + after death)
HIPAA Authorization or HIPAA Release
(health cap; before death or after death)
Individual Retirement Account (IRA)
(wealth ∩ before death + after death)
Irrevocable Trust
(wealth ∩ before death + after death)
Living Will
(health ∩ before death)
Pay-on-Death (POD) Account
(wealth ∩ before death + after death)
Personal Representative
(wealth ∩ after death)
Power of Attorney (POA)
(health + wealth ∩ before death)
Probate
(wealth ∩ after death)
Revocable Living Trust
(wealth ∩ before death + after death)
Settlor
See Trust Maker. (wealth ∩ before death)
Special Needs Trust (SNT) or Supplemental Needs Trust
(wealth ∩ before death + after death)
State
A state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.
Terminal Condition
An incurable and irreversible condition that, even with the administration of life-sustaining treatment, will result in death in 6 months. (health ∩ before death)
This term is used in the Oklahoma Advance Directive for Health Care.
Testator (Male) or Testatrix (Female)
(wealth ∩ after death)
Transfer-on-Death (TOD) Account
(wealth ∩ after death)
Transfer-on-Death (TOD) Deed
(wealth ∩ before death + after death)
Trust
(wealth ∩ before death + after death)
Trust Maker
(wealth ∩ before death)
Trustee
(wealth ∩ before death + after death)
Trustor
(wealth ∩ before death + after death)
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