Week 5 Final Paper

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Week 5 Final Paper

(Week 5 Final Paper)

Final Argument Paper

This final assignment is designed to involve all of the main skills that you have learned during this course. In particular, your paper should demonstrate the ability to construct a deductively valid or inductively strong argument, clearly and accurately explain your reasoning, use high-quality academic sources to support the premises of your argument, fairly and honestly evaluate contrary arguments and objections, and identify fallacies and biases that occur within the arguments or objections presented.

 

You will continue to build on the arguments that you are presented in your previous two papers. In particular,, you will present a final improved version of your argument for your thesis that you begin for the Week One Assignment and fully address the objection that you developed for your Week Three Assignment. You will need to research a minimum of three scholarly sources from the Ashford University Library. (For further information about discovering and including scholarly research, take a look at the FindIt@AU Tutorial instructional resource.)

(Week 5 Final Paper)

Write: in your paper

 

  • Explain the topic you are addressing and your position on it. Provide a preview of your paper and a statement of your thesis in your opening paragraph. [Approximately 100 words]
  • Present your main argument for your thesis in standard form, with each premise and the conclusion on a separate line. Clearly indicate whether your argument is intended to be inductive or deductive. Follow up the presentation of your argument by clarifying the meaning of any premises that could use some explanation. [About 150 words]
    • If your argument is deductive, then it shouldbevalid(in the strict logical sense of the word); if it is inductive, then it should bestrong. Make sure to avoid committing logical fallacies within your argument (e.g., begging the question). Additionally, the premises should be true, to the best of your knowledge. If one of your premises has a pretty obvious counter-example, then you should either fix the argument so that it does not have this flaw, or later, in your paper (steps three through five) you should address the apparent counter-example (showing that it does not really refute the truth of your premise). Arguments that are not valid, not very strong, commit fallacies, or that have counter-examples that are not adequately addressed will not receive full credit.
  • Provide supporting evidence for the premises of your argument. [Approximately 350 words]
    • Pay special attention to those premises that could be seen as controversial. Evidence may include academic research sources, supporting arguments (arguments whose conclusions are premises of the main argument), or other ways of demonstrating the truth of those premises. This section should include at least one scholarly research source.
  • Explain a strong objectionto your argument. [Approximately 250 words]
    • Study what people on the other side of this question think about your reasoning and present the best possible objection that someone could have to your argument. Do not commit the straw man fallacy here. Reference at least one scholarlyresearch source. See the “Practicing Effective Criticism” section of Chapter 9 of the course text for more information.
  • Defend your argument against the objection. [Approximately 200 words]
    • Once you have presented the objection, indicate clearly how you might respond to it. It is acceptable to admit that reasonable people might disagree with you or that there might be an area in which your argument could be further strengthened, but you should do your best to explain why your argument is sound or cogent despite the objections.
  • Provide an appropriate conclusion. [Approximately 75 words]

 

For further instruction on how to create arguments, see the How to Construct a Valid DeductiveArgument and Tips for Creating an Inductively Strong Argument documents as well as the Contructing Valid Arguments Video. For an example of a completed Final Paper, see the Annotated Example The Ethics of Elephants in Circuses. Let your instructor know if you have questions about how to complete this paper.

 

The Final Argument Paper(Week 5 Final Paper)

 

  • Must be 1,100 to 1,400 words in length, double-spaced, (not including the title and references pages) and formatted according to APA style as outlined in the Ashford Writing Center.
  • Must include a separate title page with the following:
    • Title of paper
    • Student’s name
    • Course name and number
    • Instructor’s name
    • Date submitted
  • Must use at least three scholarly sources in addition to the course text.
    • The Scholarly, Peer Reviewed, and Other Credible Sources table offers additional guidance on appropriate source types. If you have questions about whether a specific source is appropriate for this assignment, please contact your instructor. Your instructor has the final say about the appropriateness of a specific source for a particular assignment.
  • Must document all sources in APA style as outlined in the Ashford Writing Center (for more information about how to create an APA reference list see the Ashford Writing Center APA References List webpage).
  • Must include a separate references page that is formatted according to APA style as outlined in the Ashford Writing Center.

 

Carefully review the Grading Rubric for the criteria that will be used to evaluate your assignment.

 

 

 

 
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LASA 2 Critiquing An Article

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Assignment 1: LASA 2—Critiquing An Article

(LASA 2 Critiquing An Article)

In Module 4 Assignment 2, you were asked to provide your impressions of Peter Singer’s article “America’s Shame.” Now, you will compose a researched response to this article. This assignment allows you to assess and defend the reasonableness of your personal beliefs through critical assessment of Singer’s arguments and the presentation of your own, original arguments about the subject using the tools of evaluation you have learned throughout the course.

Assignment Overview:

For this assignment, assume that you have been asked to present a PowerPoint presentation at your local community center about the topics of world poverty and education. You have decided to use Peter Singer’s article as the starting point of your presentation. As you craft your presentation you will need to:

  • Present the major claims of Singer.
  • Present your own original argument offering thoughtful solutions to real-world problems.
  • Back up your argument with outside research.

 

Here is the link to the article by Singer: “America’s Shame” from The Chronicle of Higher Education. 55(27), B6–B10. (EBSCO AN 37137370).

Assignment Details:

  • Develop a 12–15-slide presentation in Microsoft PowerPoint.
  • Include two additional slides—one for the title and the other for a References page.
  • Bullet points are acceptable, but use complete sentences throughout the presentation.

Be sure to include the following:

  • Describe the portions of Singer’s article you seek to engage/critique.
  • Clearly state your own argument/thesis in response.
    • Remember, the nature of the stance is not important; you can agree or disagree with any point Singer makes in the article. The important thing is for you to construct a stance that clearly engages Singer’s position. Include properly cited examples from the article.
    • As you advance your own thesis, be sure to include your position on how to address the problems that Singer discusses in his article. Again, you may agree or disagree with Singer; however, be sure to offer your own solutions to the issue of world poverty, as discussed by Singer.
  • Support your argument with the use of original research.
    • Use at least three credible, academic resources to support your positions.
    • These should be sources other than Singer’s “America’s Shame” article.
  • Apply APA standards to citation of sources.

Name your file LastnameFirstInitial_M5_A1.ppt.and submit it to the M5: Assignment 1 Dropbox by Week 5, Day 5.

You may use this Presentation Design Checklist to help you create an effective and visually appealing presentation.

Use this APA Citation Helper as a guide for citing your sources.

Assignment 1 Grading Criteria
Maximum Points
Summarize portions of Singer’s article that you wish to engage/critique.
40
Utilize tools of evaluation to create an original argument that engages Singer’s text in a way that is productive and advances your own thesis.
80
Apply research to engage Singer through the effective use of supportive evidence.
120
Presentation Components:
Organization (16)
Style (8)
Usage and Mechanics (16)
APA Elements (20)
60
Total:
300
 
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Nursing Healthcare Wk1/Dis/Resp

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Nursing Healthcare Wk1/Dis/Resp

ha/respond

Nursing Healthcare Wk1/Dis/Resp I transferred from the pediatric floor to the med surg floor. When I worked on peds it was very rare that we would ever have more than 5 patients and they would usually call another nurse in. I know that babies and children’s conditions can be more severe at times because of how quickly they can decline, but I feel that on the med surg floor we should also have no more than 5 patients due to the actual work load each one requires. The average day on the med surg floor you will be taking care of 6 patients and 7 at times. This is a challenge to me because during the day time is when all the commotion is going on. It’s when doctors, therapists, and everyone comes and it’s also when you are typically passing the most meds. I think the patient load they give all of us nurses is neither fair nor safe.

How can you adequately care for that many people and please all of them?

This is where patient satisfaction begins to fall because one of the patients will be calling you needing something but you are stuck with another patent and also have 10 other things you need to be doing at the same time. You want to be there for each patient as soon as they need you but it is nearly impossible. You want to provide the best quality of care possible. Every nurse plays a pivotal role in the measurement of quality (Mason, Gardner, Outlaw, & O’Grady, 2016 ). The only way to overcome these challenges is one for the hospital to hire more nurses which has not happened yet or two to hopefully have co-workers who do try to help you in overwhelming times. I am thankful to say that I do have co-workers who will step in and help when the moment gets crazy.

I believe my career could only continue to improve by advocating for my patients and myself. It is important to always take time to be concerned and listen to what your patients are feeling and telling you. As the patients advocate you are the most important key to their quality of health while they are in the hospital.

 
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Obesity in Older Adults Teaching Project

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Obesity in Older Adults Teaching Project

(Obesity in Older Adults Teaching Project)

Question description

This assignment is meant to be teaching older adults about a topic of interest. I chose obesity in older adults and was approved to do the project on this topic. I also prefer a PowerPoint as it may be easier to do, with around 15-20 detailed slides. Here are the specific requirements:

Education is very important to optimizing health for the older adult.

You should write the information for older adults using layman terms. Avoid medical jargon. It should be creative and informative, using pictures, graphs, charts, etc. or anything that will help your intended audience. You should use at least 2 credible websites AND at least 2 professional articles. You should also relay research findings somewhere in the presentation. It could be on risks, diagnostic tests, therapies, etc. The reference page should then contain at least 2 websites, at least 2 professional articles and at least 1 research article. All articles should be published within the last 5 years. The reference page should be in APA format and attached to the paper or your project.

The content areas to be covered are:

Definition of the disease/disorder and brief description

Symptoms or manifestations.What the older adult with this condition would experience.

Causes of the condition.Sometimes, the cause is unknown.Is it genetic, environmental, immune related? (for instance:cigarette smoking, high fat diet)

Risk Factors for development (for instance:age, ethnicity, gender)

Complications of the disorder.A complication of cancer can be the effects of the chemotherapy to treat it.

Tests and diagnosis – how does the health professional discover the problem?X-ray, CAT scan, blood test, biopsy?

Treatment (including drug categories and complementary and alternative medicine, if any, along with surgery). You do not have to know the in-depth information here.Just an overview of treatments.

Preventive strategies – for instance abstaining from smoking, vaccinations, screenings, etc. If there is no way to prevent the problem, you need to tell your audience this.

Support services (including websites, publications, associations, referrals, support groups)

If you have one slide/area/heading for each of these areas, it will ensure you have covered all the necessary information.

The presentation of this information can be in the form of:

Infographic

PowerPoint presentation

Prezi

Wiki

Webquest

Pamphlet/Brochure

Website creation (ie free website creation at www.weebly.com)

10 page paper (not including references) but it must contain pictures, etc. to help in getting your information across.

The content is the most important point to this assignment but points are awarded for creativity. I know you are not all nurses and I don’t expect that it be written as if you are. Perhaps your parent or grandparent have been affected. Perhaps a friend or neighbor. What would you tell them that would help them? So, I am looking for general information.

*****REMEMBER>>>>This teaching should be geared to the older adult, so keep this in mind in your presentation!!!

 
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Strategies and tactics of the Kmart

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Strategies and tactics of the Kmart/Sears Corporation

(Strategies and tactics of the Kmart)

Question description

With prior topics’ discussion of the evolution of industries and core competencies as a background, you will now begin to explore a variety of tools and options related to the design of the organization, beginning with strategies and tactics, and how innovation can be applied to make an organization more competitive within an industry.

Beyond the Fluid Phase of its industry, an organization emphasizes innovation in its organizational processes and this necessitates an examination of organizational structure. In industries beyond the Fluid Phase of the Abernathy model, organizational structures are increasingly mechanistic and less conducive to change. And yet, the long-term survival of these companies is dependent upon change. Effective operation of an enterprise requires both a long-term strategic and a short-term tactical plan.

Activity: Strategies and Tactics Paper

You will examine strategies and tactics to familiarize yourself with their purpose, function, and the role they play when organizations seek to advance by being innovative. Writing this will help you understand the selected company’s strategies and tactics and how they affect the company’s planning and operations.

Task Description

  • Continue to research the web, various publications, and any other relevant sources for information on either the Walt Disney Company’s expansion into Euro Disney or Kmart/Sears’ strategies and tactics.
  • Prepare a six- to eight-page paper.

The paper should contain three sections identified below.

Background (choose one or the other)

  • Background on either Disney’s move into Europe.
  • The history of Kmart or Sears pre-merger.

Body

  • Defines strategies and tactics.
  • Identifies two critical actions performed that strategically and tactically had a positive effect on the company.
  • Identifies two critical actions performed that strategically and tactically had a negative effect on the company.
  • Provides support for your decisions.
  • Includes a bibliography (set of references) of the research (not included in page count).

Reflections

Your personal thoughts on:

  • The importance of strategies and tactics.
  • The strategies and tactics applied by the company you researched.
  • The knowledge gained from doing this assignment.
 
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Skills 108- 2

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Skills 108- 2

(Skills 108- 2)

For this Assignment, review this week’s Resources. Then, select a population with which you might like to build a group. Consider the needs of the population and the type of group you might build to benefit the population. Think about how you might structure this group and what role you, the social worker, might need to assume in order to support the group members. Finally, reflect on what intervention skills this group might require and the potential group dynamics of which you should be aware while running the group.

Assignment: (3- to 4-page paper in APA format).

Your paper should include:

  • A description of the population with which you might like to build a group and an explanation of the type of group you might build with this population.
  • An explanation of the concerns that might be addressed for this population in that group and a description of which cultural structures and values may oppress, marginalize, alienate, create, or enhance privilege and power for this group.
  • A description of the details you must consider when planning the group. For example, composition of the group, recruitment strategies, format (open or closed), time frame, and use of screening interviews for members.
  • An explanation of the intervention skills needed for working with this group and an explanation of the potential professional roles the social worker might need to take on as the leader.
  • An explanation of the potential dynamics to be aware of when running this particular group.

POPULATION: fostered kids and foster families

Group: a support group for different foster families and kids to come together

USE ONLY MY REFERENCES:

 

Kirst-Ashman, K. K., &  Hull, G. H., Jr. (2018). Understanding generalist practice (8th  ed.). Stamford, CT: Cengage Learning.

  • Chapter 1, “Introducing Generalist Practice: The Generalist Intervention Model” (pp. 1–58)
  • Chapter 3, “Practice Skills for Working with Groups”(pp. 102-137)
  • Chapter 6, “Planning in Generalist Practice” (pp. 224-254)
  • Chapter 7, “Examples of Implementation in Generalist Practice” (pp. 255-306)
 
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Vignette Analysis 2

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Vignette Analysis II:

(Vignette Analysis 2)

This  assignment focuses on vignette analysis and direct application of  course concepts to the persons and situations presented in the vignette  for each question. All discussions must take into account the legal  and ethical considerations, as well as issues of culture and human  diversity that may pertain to the situations presented below. 

Please  keep your responses focused on what is presented in the vignette. Do  not add information but use your creativity to support what you see in  the vignette as written. All assignments MUST be typed  in APA style and must be written at graduate level  English. The content, conciseness and clarity of your answers will be  considered in the evaluation of your work. You must use and integrate the material presented in the course text and cite your work according to APA format. Use of outside resources for culture-specific information to enhance your vignette analysis is encouraged.

This assignment should be 6-7 pages total plus a Title and Reference Page(Vignette Analysis 2)

A  panel of experts from Phenomenological Theories, Trait Theories and  Biological Theories of personality has been asked to evaluate this case.  Each panel will discuss their view of this case in direct and specific  context to a minimum of four (4) of their theoretical constructs. Each  panel will take into consideration the research on personality and the  brain as well as culture and legal/ethical issues that might arise. 

For this assignment you are to present this case from each of these panels of experts: 

Panel I: Phenomenological Theorists 

Panel II: Trait Theorists 

Panel III: Biological/Genetic Theorists 

John,  a 28 year old, Hispanic male, is seen in an initial interview at a  community mental health clinic. He has been diagnosed as Chronically  Mentally Ill. He resides with his mother and grandmother. Both his  father and grandfather committed suicide in their early 30’s. John is  afraid that he is fated to join the male-dominated generational pattern.  John is oriented to reality and does not appear to have any  disturbances in perception or thought. He does appear to be severely  depressed and anxious during your interview.

Assignment Outcomes(Vignette Analysis 2)

Distinguish the major theories of personality

 

Contrast historical and current views of personality

 

Integrate evidence based treatment interventions

 

Combine current research to assessment and technique

 

Identify legal, ethical issues in theories of personality and psychotherapy

 

Examine issues of culture and diversity in theories and application

 
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Assignment 3: Psychopathy

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Assignment 3: Psychopathy

(Assignment 3: Psychopathy)

Are investigators in tune with the differences between the personalities of a psychopathic spy and a nonpsychopathic spy? If not, who else might be in tune with these types of spies? Wait, that’s us—forensic psychologists! We are the experts in psychopathy!

You cannot get through a graduate program in forensic psychology without researching seminal works on the construct of psychopathy, such as Hervey M. Cleckley’s work and Robert D. Hare’s Psychopathy Checklist. If you are not familiar with the construct of psychopathy, be sure to research the term in the Argosy University online library resources. Research found in peer-reviewed psychological journals can provide you with knowledge on this construct and the leading researchers in the field.

Using at least three scholarly resources from the professional literature, research the construct of psychopathy and methods for interrogating psychopaths. Consider how a forensic psychologist could assist a CI investigator in distinguishing a psychopathic spy from a nonpsychopathic spy. The literature may include the Argosy University online library resources; relevant textbooks; peer-reviewed journal articles; and websites created by professional organizations, agencies, or institutions (.edu, .org, or .gov).

Tasks:

Create a 5- to 7-page paper responding to the following:

  • Summarize the results of your research to demonstrate your understanding of the construct of psychopathy. Be sure to cite your sources in APA format.
  • Once you have presented a thorough working knowledge of psychopathy, explain how it may affect the actions of those who will try to commit treason. What psychopathic traits might be useful to have in CI investigators who have to interrogate these individuals?
  • Imagine you are the consulting psychologist to a CI investigator who is about to interrogate a suspect. This suspect has demonstrated many of the traits you have learned are associated with psychopathy.
    • How would you advise the investigator?
    • What interrogation strategies would you suggest? Consider the ethical implications of these strategies.

Submission Details:(Assignment 3: Psychopathy)

  • By Wednesday, July 23, 2014, save your paper as M1_A3_Lastname_Firstname.doc and submit it to the M1 Assignment 3 Dropbox.
Assignment 3 Grading Criteria
Maximum Points
Articulated the construct of psychopathy, demonstrating in-depth research.
20
Explained how psychopathy influences the actions of those who try and commit treason.
20
Identified psychopathic traits possibly useful in CI investigators who have to interrogate individuals engaging in treason.
12
Recommended sound interrogation strategies to address the psychopathic nature of the suspect.
12
Employed appropriate nomenclature in your assertions.
12
Described relevant ethical concerns in detail, supporting statements with valid research.
16
Wrote in a clear, concise, and organized manner; demonstrated ethical scholarship in accurate representation and attribution of sources; displayed accurate spelling, grammar, and punctuation.
8
Total:
100
 
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the assignment is pharmacology

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the assignment is pharmacology

(the assignment is pharmacology)

Question description

Medication Teaching Plan Assignment Guidelines

Purpose

The purpose of this assignment is for the student to synthesize pharmacological knowledge (i.e., core drug

knowledge, core patient variables, and nursing implications) of pharmacotherapeutic agents into a useful

teaching and learning tool for nurses and patients.

Course Outcomes This assignment enables the student to meet the following course outcomes.

  • CO1 Apply the concepts of pharmacotherapeutics, pharmacokinetics, pharmacodynamics, and pharmacogenomics to the use of specific medication classifications in specific health conditions and in consideration of medication side/adverse effects, nursing implications, and medication teaching. (POs 1, 2, and 3)
  • CO2 Apply principles of health promotion, as well as illness and injury prevention, to promote safety and effectiveness of commonly used pharmacologic therapy across the lifespan, taking into consideration sociocultural, genetic/genomic, developmental, and gender implications. (POs 3 and 8)
  • CO3 Utilize the nursing process in understanding the effects of drug therapy on health outcomes across the lifespan within the framework of a diverse population of individuals, families, and communities. (PO 4)

Due Date

Refer to Course Calendar for details. The Late Assignment Policy applies to this assignment.

Total Points Possible

100 Points

Requirements(the assignment is pharmacology)

  • Choose a pharmacological agent that has been on the market less than 5 years.
  • Research the literature and obtain two to three resources for current, evidence-based information related to the pharmacological agent. You must submit your resources with the assignment. Identify the following key/relevant drug information that will be used to develop a medication teaching brochure:
  • Design a brochure to be used as a patient teaching tool containing the identified relevant/key

ØDrug Class

ØMechanism of Action

ØDrug Administration and Dosage

ØDrug/food Interactions

ØLab effects/Interference

information outlined above and the following important information:

  • Nursing Management

ØPatient Education Considerations

ØPatient Assessment

  • Potential Side Effects/Adverse Effects/Toxicities

ØSpecial considerations

Preparing the Assignment

  • After selecting your pharmacotherapeutic agent, use the Chamberlain online library or other database to research the key/relevant drug information.
  • Create your teaching brochure using MS Word or PowerPoint. Microsoft Word has built-in and online templates for brochures. You may choose one of these for your format. The brochure should be printed on one page, two-sided.
  • Include appropriate images, graphics, bulleted items, and subtitles in your brochure. Choose images that illustrate your points and do not serve as mere decorations.
  • Use no higher than seventh-grade reading level, except for required medical terminology. Microsoft Word will calculate a Flesch Kincaid Grade Level for you. Go to Review > Spelling and Grammar. When the check is complete, Word will give you the statistics. You may need to save your file with a new name and temporarily delete required medical terms and then run the Flesch Kincaid statistics again to get to the seventh-grade reading level.
  • Complete a separate document that contains the following information:
  • Submit the brochure and the one-page document to the assignment by the due date.

ØYour name, date and class

ØA short paragraph describing the intended audience and use for your teaching brochure. For example, is this for teaching a pediatric patient who is newly diagnosed with asthma about the new drug? Is it designed to teach an older adult about a new cholesterol drug?

ØA reference page in APA format

The brochure is not a paper that follows APA format so please use your creativity when developing the

brochure. Consider your audience when choosing font, style and graphics.

Directions and Assignment Criteria

Category Points % Description
Brochure: Key/Relevant Drug Information 30 30% Brochure contains following key/relevant drug information

  • Drug Class
  • Mechanism of Action
  • Drug Administration and Dosage
  • Drug Interactions
  • Lab effects/interference
  • Special Considerations
  • Potential Side Effects/Adverse Effects/Toxicities
Brochure: Patient Education Considerations 35 35% Brochure contains the following patient education information

Nursing Management

Patient Education Considerations

Patient Assessment

Potential Side Effects/Adverse Effects/Toxicities

Special considerations
Brochure: Visual Effects/Creativity 10 10% Brochure meets all of the following

  • Developed per the required standard
  • Appropriate for the intended audience
  • Flesch Kincaid reading level is not higher than seventh grade
  • Graphics do not distract from the purpose of the brochure
  • Visually appealing
One Page Paper 15 15% One page paper is clearly written and contains the following information:

  • Name
  • Date
  • Class
  • A short paragraph describing the intended audience and use for the teaching brochure.
  • A reference page
APA format 5 5% Reference page is present and follows APA format. At least two sources are used and submitted with work
Writing Mechanics 5 5% Writing follows rules of grammar, spelling, word usage, punctuation, and other aspects of formal written work as found in the 6th edition of the APA manual
Total 100 100%
 
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Articles on Aging and the Law

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Aging and Law Writing Briefs/Research Articles, writing homework help

(Articles on Aging and the Law)

Question description

LAWS/SOCL 205: Aging and the Law

Articles on Aging and the Law: Analysis and Application

You are to choose two articles on any “Aging and the Law” topic that interests you. You can use the article you chose the first week of class and another article on the same topic. Or you can choose another topic and choose two articles on that topic.

1. Analyze the two articles by summarizing the articles and post the summaries in the Discussion Board for the week you are assigned. Your assigned week is listed below.

2. In the Discussion Boards we have been using, I have created different scenarios based on the week’s topic. The Discussion Boards are designed to apply your knowledge of the topic to real-life Elder Law situations. After you summarize the articles, your must also write a scenario based on the articles’ topic. You will post 2-3 questions following your scenario. Every student is required to respond to at least three postings by other students by answering the questions posed. You do not need to respond to other students’ responses, you only need to answer the questions.

3. You can choose to approach the topic from a legal, public policy or sociology point of view.

4. Each student must respond to the questions posted by at least three other students in the class.

The week your articles summary, scenario and questions are due is indicated below.

***Please do exactly as this says, I will pay for this to be at it’s best.

Please include the articles either as a pdf, word doc, or link so I can acess them. Summarize in full. Solid 400 words or more for each article would be good.

Example of a discussion board (this includes answers):

Discussion Board #6 Week # 6 Comments(Articles on Aging and the Law)

Please read the answers below very carefully. The answers further explain the concepts presented in the lecture notes.

1. Janice Small owns a lake cottage. In a deed she conveys the cottage “to my father Brett Small, for life, then to my sister, Sue Small for life.” Janice outlives her father but dies before her sister, Sue. It Brett a life tenant? Explain. Who gets the property when Brett dies? What interest does Sue have at the time of Janice’s conveyance? In this scenario, what happens to the property when Sue dies?

Janice conveyed the cottage during her life to her father Brett Small for his life. Brett was given a life estate and was the life tenant for his life. (“to my father Brett Small, for life”) Brett died before Janice and when he died the property went to Janice’s sister Sue Small for her life. (“then to my sister, Sue Small for life”) Sue has a future interest in the property in the form of a life estate, and is the life tenant for her own life. Both Brett and Sue only have life interests (for his or her own life) in the property. When Brett died the property went to Sue for her life. When Sue dies she no longer has an interest in the property; therefore, the property will revert to the estate of Janice. No remainder interest was named in the original deed, only life estates were given, one to her father, Brett, and one to her sister, Sue. Janice’s estate has a reversionary interest in this property (reverting to her estate) and this property will then pass by her will (if her will is determined to be valid) or according to the laws of intestate succession, if she does not have a valid will or no will at all. If there is no residuary clause in her will (for the leftovers!) and no named beneficiaries (who are still alive), the lake cottage would then pass by intestate succession law. As some of you mentioned, in the deed Janice could have named a remainder interest after Sue’s life tenancy ended, but Janice did not; therefore, there is no other person (or charity) to inherit the property; thus, the lake cottage will revert to Janice’s estate.

2. In his will, Alex Lane names his friend Robert Conners trustee and places substantial property in a trust for the benefit of Alex’s wife Marie and for Alex’s sister, Minnie. Marie and Robert are not on good terms and the hostility between them worsens after Alex’s death. The trust gives Robert broad discretion to distribute the trust income to the two beneficiaries. As a matter of fact, the first year of the trust, Robert distributed the trust income in unequal amounts giving a much greater share to Minnie than to Marie. Marie is outraged and seeks to remove Robert as an unsuitable trustee claiming he is favoring one beneficiary over another. Based on the information provided above and your reading, will Marie be successful in her effort to remove Robert as the trustee? Explain.

Most likely, based on the information above and your reading, Marie will not be successful in removing Robert as the trustee. Since Alex gave Robert “broad discretion” to distribute the trust income to the two beneficiaries, Marie’s claim that Robert is an “unsuitable” trustee for favoring one beneficiary over the other would probably fail. (I say probably because we do not know how the court will rule nor do we have all the facts).(Articles on Aging and the Law)

Some of you suggested that more facts were needed to fully answer question #2 and that is a very good point. As you know, there are times in the law where there may be “unknown facts” which must first be investigated before any action can be taken. It is the attorney and/or paralegal’s responsibility to do this factual investigation to the best of his/her ability. Should Alex have been more specific in the trust instrument regarding Robert’s duties? Would this make a difference? Is “mere friction” between the trustee and the beneficiary sufficient grounds to remove the trustee? Does this “mere friction” lead to “favoring one beneficiary over the other?” But, the trust instrument gives Robert “broad discretion,” to distribute the trust income, what does this mean? Is there a conflict of interest on the part of the trustee? If there is hostility between the trustee and a beneficiary, is this sufficient grounds for removal of the trustee? Is the hostility interfering with the trustee’s ability to perform the required duties of the trust? Has the hostility adversely affected the administration of the trust? What is in the best interest of all the beneficiaries? Was there mismanagement of the trust funds? Were Robert’s actions, in this one instance, sufficient to prove a case of breach of Robert’s “fiduciary duty” to Marie? A thorough investigation of all the facts would determine if Robert could/should be removed as trustee. The court would and should consider all these questions and make its determination accordingly. Several of you suggested that Robert could not be removed as trustee because the trust was a testamentary trust that is irrevocable since Alex has passed. However, if the trustee breaches his/her fiduciary duty, the trustee, even a trustee of an irrevocable trust, can be removed if a beneficiary, or other interested party, petitions the court for removal and is successful by proving actual conduct by the trustee that amounts to a breach of the trustee’s fiduciary duty. Otherwise, if a trustee cannot be removed, the trustee could abscond with all the funds and the beneficiaries would be left with nothing!

One student asked if the court would follow the “strict letter of the law” or “interpret the law” to adjust the distribution more in line with Alex’s original wishes. However, do we know what Alex’s original wishes were? The facts state that “Marie and Robert are not on good terms and the hostility between them worsens after Alex’s death.” This means that when Alex created the trust he must have been aware of the tensions between Marie and Robert since the “hostility between them” worsened “after” his death. Therefore, do we know what Alex’s original wishes were?

3. Federal estate and gift taxes are discussed in Ch. 7 Financial and Estate Planning. Listed below are some of the areas discussed in the chapter. Explain how two of these areas can be used in an estate plan to reduce taxes:

a. Gifts made during one’s lifetime

b. The unlimited marital deduction

c. Irrevocable trusts

d. Life Estates

 
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