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Mrs. Smith, while capable, had appointed her daughter Mary to be her power of attorney for property. Mrs. Smith is now incapable of making her
Mrs. Smith, while capable, had appointed her daughter Mary to be her power of attorney for property. Mrs. Smith is now incapable of making her own financial decisions. Mrs. Smith has more than enough financial assets to provide for her care and all of the proposed expenditures discussed below. In which one of the following situations would Mary's exercise of substitute consent for property be invalid under the Substitute Decisions Act, 1992?
- A. Mary has placed Mrs. Smith in one of the better and more expensive long-term care homes. Although this long-term care home is in keeping with Mrs. Smith's accustomed standard of living, some of the likely beneficiaries under Mrs. Smith's will have complained that this would cut into their potential inheritance
- B. While capable Mrs. Smith made an annual cash gift to her widowed sister, who had very limited resources and lived just above the poverty line. Mary continued to make this cash gift to the widowed sister after Mrs. Smith became incapable
- C. While capable Mrs. Smith made charitable donations to The Salvation Army. After Mrs. Smith became incapable, Mary continued to make similar sized donations to the Salvation Army
- D. While capable Mrs. Smith had made modest loans to her two nieces to help offset the cost of their undergraduate education. Mary wants to continue making these loans to the two nieces, but Mrs. Smith now objects to these loans being made
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