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.

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.

Properly written powers of attorney will assure that financial, health care and/or childcare decisions are handled responsibly when a person cannot act personally. This new edition is a complete guide to preparing one's own power of attorney documents.

This work for laymen shows how to create a durable power of attorney. The durable power of attorney can be used to control the use of artificial life support systems when the maker is no longer conscious.

Covers all aspects of appointing a trusted person to pay bills, handle bank accounts, buy and sell real estate, and take care of children, and provides sample forms.

Every year, thousands of medical, financial, and legal issues crop up due to the confusion surrounding the specific directions of an individual incapable of making the necessary decisions about their estate, body, or finances. The same problems can arise for small businesses and, for that reason, understanding what power of attorney entails, and how you go about establishing it, is a vital step. This guide helps you cut away the confusing red tape and finally understand exactly what power of attorney involves and how you can use it to your advantage. The first thing you will learn is the various forms of power of attorney that are available to you, including for financial purposes, medical and health care purposes, living wills, childcare, and all-in-one purposes. The details of what an agent can supply in each instance will be provided to help you understand what each specific style of power of attorney will provide. The process of choosing your agent will be outlined in detail for you, including who is applicable and what important factors should be included in every discussion related to who your power of attorney will be. You will learn how to select a lawyer and whether you will be able to afford one in certain instances. You will be able to see what is involved in working with a lawyer and what you need to do if you decide to fire that particular lawyer. The federal laws and then the specific state laws that apply to your situation will be provided with details about how you can further research them to know how they apply to even more specific situations. For those seeking financial powers of attorney, you will learn how to limit the power of attorney, how that power applies to real estate, and how to acquire and use an affidavit of attorney in fact. For those with health care related issues, you will learn how a durable power of attorney operates for health care, how to choose someone to make medical treatment decisions, the creation and application of a living will, the specific presentation of a do not resuscitate order, and how to determine the distribution of anatomical gifts. Finally, issues such as child care and the revocation of a power of attorney will be discussed. With the assistance of dozens of interviews across multiple different fields with experts in law, family, and business applications of a power of attorney, you will be provided with an extensive overview of everything you need to know to effectively utilize this highly valuable legal tool. This book is the essential tool every small business or individual with need of a power of attorney needs. Atlantic Publishing is a small, independent publishing company based in Ocala, Florida. Founded over twenty years ago in the company presidentâe(tm)s garage, Atlantic Publishing has grown to become a renowned resource for non-fiction books. Today, over 450 titles are in print covering subjects such as small business, healthy living, management, finance, careers, and real estate. Atlantic Publishing prides itself on producing award winning, high-quality manuals that give readers up-to-date, pertinent information, real-world examples, and case studies with expert advice. Every book has resources, contact information, and web sites of the products or companies discussed.