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Bio

Linda S. Whitton
Professor of Law
Linda.Whitton@valpo.edu
219-465-7863
CV SSRN Bio

 

Linda S. Whitton is the Reporter for the Uniform Power of Attorney Act and the Reporter for the Joint Uniform Law Commission/Uniform Law Conference of Canada Drafting Committee for the Interjurisdictional Recognition of Substitute Decision-Making Documents Act.  She is a Fellow of the American College of Trust and Estate Counsel and continues to serve in various leadership positions within the ABA Section of Real Property, Trust and Estate Law.

Professor Whitton is known nationally and internationally for her law reform work in the area of surrogate decision making and has produced a number of scholarly works related to the Uniform Power of Attorney Act and incapacity planning with powers of attorney.  These include:

Understanding Duties and Conflicts of Interest—A Guide for the Honorable Agent, 117 Penn. St. L. Rev. 1037 (2013).

The Uniform Power of Attorney Act:  Striking a Balance Between Autonomy and Protection,1 Phoenix L. Rev. 343 (2008).

Durable Powers as an Alternative to Guardianship:  Lessons We Have Learned, 37 Stetson L. Rev. 7 (2007).

Navigating the Uniform Power of Attorney Act, 3 NAELA J. 1 (2007).

The New Uniform Power of Attorney Act:  Balancing Protection of the Principal, the Agent, and Third Persons, in Proceedings of the 41st Annual Heckerling Institute on Estate Planning 9-1 (Matthew Bender 2007).

Professor Whitton has also conducted extensive research on the standards for guardian decisions.  She was a Summit author and delegate to the Third National Guardianship Summit held in 2011, and is a member of the Summit Recommendations Implementation Committee.  Her work on decision-making standards for guardians includes:

Surrogate Decision-Making Standards for Guardians:  Theory and Reality, 2012 Utah L. Rev. 1491 (co-authored with Lawrence A. Frolik).

The UPC Substituted Judgment/Best Interest Standard for Guardian Decisions—A Proposal for Reform, 45 U. Mich J.L. Reform 739 (2012) (co-authored with Lawrence A. Frolik).

Professor Whitton is the co-author of Everyday Law for Seniors (Paradigm 2010, 2012) with Lawrence Frolik.  She teaches courses in Elder Law, Property, and Interviewing and Counseling, and frequently speaks and publishes on a variety of elder law topics.  Prior to her legal career, Professor Whitton was the Communications Director of the Federal Home Loan Bank of Chicago. She graduated first in her class from Valparaiso University School of Law.