
06-24-2009, 11:12 PM
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Senior Member
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Join Date: Nov 2006
Posts: 3,504
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Quote:
Originally Posted by rags
hello everyone! My question...If a power of attorney in Louisiana reads "to make gifts or other gratuitous transfers either outright or in trust( including the forgiveness of debt and te completion of any charitable pledge), to such persons or organizations as her agents shall select". Is this also the same as donation Inter Vivos?
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Donation INTER VIVOS means the transaction is between two living people. This occurs when one living person irrevocably divests him or her self of whatever item is it being given. Donation mortis causa is in juxtaposition to donation inter vivos because it is a revocable act of transfer that occurs after the donor has, in fact, died.
Since power of attorney is only valid while the person for whom the will was written is alive and since it terminates upon their death, then donation inter vivos, while meant between donor and recepient, is also a valid transaction between those person or persons having valid power of attorney.
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