The Department of Justice prosecutes cases of identity theft and fraud under a variety of federal statutes. In the fall of 1998, for example, Congress passed the Identity Theft and Assumption Deterrence Act. This legislation created a new offense of identity theft, which prohibits "knowingly transfer[ring] or us[ing], without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law." 18 U.S.C. § 1028(a)(7). This offense, in most circumstances, carries a maximum term of 15 years' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense.
A Conservatorship is a legal relationship that a judge puts in place when an individual is deemed mentally, physically, or emotionally unable to care for themselves. If you become incapacitated in an accident or fall seriously ill, and aren’t able to care for yourself and make important decisions about your own life, a judge will appoint a conservator who can make these decisions for you.
Under the common law, a power of attorney becomes ineffective if its grantor dies or becomes "incapacitated," meaning unable to grant such a power, because of physical injury or mental illness, for example, unless the grantor (or principal) specifies that the power of attorney will continue to be effective even if the grantor becomes incapacitated. This type of power of attorney is called "power of attorney with durable provisions" in the United States or "enduring power of attorney", "lasting" or "continuing" power of attorney elsewhere. In effect, under a durable power of attorney, the authority of the attorney-in-fact to act and/or make decisions on behalf of the grantor continues until the grantor's death.[13]
The Texas durable financial power of attorney, also known as the “Statutory” form, can be used to designate powers to another person for monetary reasons that are broad and sweeping. This particular document remains effective for financial use even if the principal should be in a position where they cannot think for themselves. The representative chosen by the principal should be trustworthy and act in…
Unless the power of attorney has been made irrevocable by its own terms or by some legal principle, the grantor may revoke the power of attorney by telling the attorney-in-fact it is revoked. However, if the principal does not inform third parties and it is reasonable for the third parties to rely upon the power of attorney being in force, the principal might still be bound by the acts of the agent, though the agent may also be liable for such unauthorized acts.
Florida Statutes: Chapter 709 of the Florida Statutes contains the full statutory law on powers of attorney. Chapter 765 deals with Health Care Surrogate Designation. Chapter 744 deals with guardianship law. Chapter 518 deals with investment of fiduciary funds. You may find a set of the Florida Statutes at your public library or at most courthouses. You may access the Florida Statutes at http://www.leg.state.fl.us/Statutes/index.cfm?
You can also write a letter of instruction to leave step-by-step instructions as well as spell out your personal wishes for things like your funeral or what to do with your digital assets like social media accounts. If you're married, each spouse should create a separate will, with plans for the surviving spouse. Finally, make sure that all the concerned individuals have copies of these documents.
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A Living Will is a document used to describe how medical decisions should be made when certain health-related issues arise, especially when a person is dealing with a life-threatening condition. For example, should a person remain on life support if they have fallen into an irreversible vegetative state? That question can easily be answered by having a Living Will, as it will clearly state whether or not that person wishes to resume on life support in that situation.
With a living will, you can make decisions to have or not have treatments to prolong your life. You are able to do this before you need them. You can choose to stop, limit, or not have certain medical treatments. Think about how you want to feel and how long you want to be able to live. For example, you may be willing to have some pain with a treatment if it allows you to live longer. You may want to refuse or stop treatments that prolong life, but cause you constant or severe pain. Some of your treatment choices include:
The Texas real estate power of attorney document is one that can be completed to enable a real estate agent to act on behalf of a homeowner or buyer. The powers granted to the agent, or attorney-in-fact, can include selling, purchasing, managing, and refinancing real estate. The term of the arrangement can be defined in one of three (3) ways; durable (terminate upon revocation or on…
A living will can be created by an individual within one (1) day. It does not need to be made with an attorney or filed with a government office. All that is required is for the Principal (the patient) to enter their end-of-life treatment options and have the living will signed in the presence of a notary public and/or witnesses (depending on State Laws).
Identity thieves increasingly use computer technology to obtain other people's personal information for identity fraud. To find such information, they may search the hard drives of stolen or discarded computers; hack into computers or computer networks; access computer-based public records; use information gathering malware to infect computers; browse social networking sites; or use deceptive emails or text messages.
You cannot make your own medical decisions: Your living will takes effect when you can no longer let healthcare providers know what care you want. Depending on the state you live in, 1 or 2 doctors have to decide that you can no longer make medical decisions. You may not be able to communicate what you want. You may lack the ability to understand the choices that need to be made about your medical care and the effects of the choices.
Surveys in the US from 2003 to 2006 showed a decrease in the total number of victims and a decrease in the total value of identity fraud from US$47.6 billion in 2003 to $15.6 billion in 2006. The average fraud per person decreased from $4,789 in 2003 to $1,882 in 2006. A Microsoft report shows that this drop is due to statistical problems with the methodology, that such survey-based estimates are "hopelessly flawed" and exaggerate the true losses by orders of magnitude.[77]
As a result, the individual has a lower effective cost of giving, which provides additional incentive to make those gifts. And of course, an individual may wish to make charitable contributions to a variety of causes. Estate planners can work with the donor in order to reduce taxable income as a result of those contributions, or formulate strategies that maximize the effect of those donations.
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter. The person authorizing the other to act is the principal, grantor, or donor (of the power). The one authorized to act is the agent,[1] attorney, or in some common law jurisdictions, the attorney-in-fact.
Consider a Statutory Durable Power of Attorney. A Statutory Durable Power of Attorney or financial power of attorney typically allows your agent to make all financial decisions on your behalf. This gives your agent the power to enter into transactions and make decisions about your bank accounts, real estate, investment accounts, loans, and other debts. The power of the agent to make these decisions continues until a durable power of attorney is revoked or destroyed.[4]
No, it is not legal. If both of your parents had been diagnosed prior to the signing of the POA, they may be considered incapacitated or unable to care for themselves. If this is the case, at the time they signed the POA they would not be considered legally competent to sign any legal document on their own behalf. Contact a Lawyer. The POA is invalid. There may be grounds for felony charges against your brother.
Six Federal agencies conducted a joint task force to increase the ability to detect identity theft. Their joint recommendation on "red flag" guidelines is a set of requirements on financial institutions and other entities which furnish credit data to credit reporting services to develop written plans for detecting identity theft. The FTC has determined that most medical practices are considered creditors and are subject to requirements to develop a plan to prevent and respond to patient identity theft.[58] These plans must be adopted by each organization's Board of Directors and monitored by senior executives.[59]
When you use a will, however, after you pass away title to property passes from you to the estate and its executor. Eventually it passes to the final beneficiaries. The probate court supervises the process. If you become disabled, whoever holds your power of attorney has to present it to financial institutions and have them accept it before your assets can be managed. If there’s no power of attorney or financial institutions won’t accept it, the courts become involved.
