Identity theft can be partially mitigated by not identifying oneself unnecessarily (a form of information security control known as risk avoidance). This implies that organizations, IT systems and procedures should not demand excessive amounts of personal information or credentials for identification and authentication. Requiring, storing and processing personal identifiers (such as Social Security number, national identification number, driver's license number, credit card number, etc.) increases the risks of identity theft unless this valuable personal information is adequately secured at all times. Committing personal identifiers to memory is a sound practice that can reduce the risks of a would-be identity thief from obtaining these records. To help in remembering numbers such as social security numbers and credit card numbers, it is helpful to consider using mnemonic techniques or memory aids such as the mnemonic Major System.
While you can appoint multiple agents, decide whether these agents must act jointly or separately in making decisions. Multiple agents can ensure more sound decisions, acting as checks and balances against one another. The downside is that multiple agents can disagree and one person's schedule can potentially delay important transactions or signings of legal documents.
Yet, trustee transitions aren’t always smooth. Financial institutions and others who deal with the trust must be convinced to accept the authority of a successor trustee. Financial firms, in particular, require a high level of substantiation before they will accept the successor trustee’s directions. While a successor trustee might not have to go to court to take actions, it could take some time and expense to complete the transition.
Determining the link between data breaches and identity theft is challenging, primarily because identity theft victims often do not know how their personal information was obtained, and identity theft is not always detectable by the individual victims, according to a report done for the FTC.[6] Identity fraud is often but not necessarily the consequence of identity theft. Someone can steal or misappropriate personal information without then committing identity theft using the information about every person, such as when a major data breach occurs. A US Government Accountability Office study determined that "most breaches have not resulted in detected incidents of identity theft".[7] The report also warned that "the full extent is unknown". A later unpublished study by Carnegie Mellon University noted that "Most often, the causes of identity theft is not known", but reported that someone else concluded that "the probability of becoming a victim to identity theft as a result of a data breach is ... around only 2%".[8] More recently,[when?] an association of consumer data companies noted that one of the largest data breaches ever, accounting for over four million records, resulted in only about 1,800 instances of identity theft, according to the company whose systems were breached.[citation needed]
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]
Under English law (which extends to Wales but not to Northern Ireland or Scotland), the deception offences under the Theft Act 1968 increasingly contend with identity theft situations. In R v Seward (2005) EWCA Crim 1941[49] the defendant was acting as the "front man" in the use of stolen credit cards and other documents to obtain goods. He obtained goods to the value of £10,000 for others who are unlikely ever to be identified. The Court of Appeal considered a sentencing policy for deception offenses involving "identity theft" and concluded that a prison sentence was required. Henriques J. said at para 14:"Identity fraud is a particularly pernicious and prevalent form of dishonesty calling for, in our judgment, deterrent sentences."
In some jurisdictions, a durable power of attorney can also be a "health care power of attorney." This particular affidavit gives the attorney-in-fact the authority to make health-care decisions for the grantor, up to and including terminating care and life support. The grantor can typically modify or restrict the powers of the agent to make end-of-life decisions.[14] In many jurisdictions a health care power of attorney is also referred to as a "health care proxy" and, as such, the two terms are sometimes used interchangeably.[8]
You have to decide the role each vehicle will serve in your estate. One basic choice is to own most assets in your name and determine their distribution through your will. The alternative is to have a revocable living trust own most of your assets and have the terms of the trust agreement determine how assets are distributed. The best choice for one person might not be best for another.
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.
If you have minor-aged children at home, it's important to have a will that appoints guardianship of your children. If a guardian is not appointed at the time of death, your surviving family will have to seek help in a probate court to have a guardian appointed for your children. The person appointed may not be one whom you would have wanted to be entrusted with your kids.
Identity theft occurs when someone steals your personal information—such as your Social Security number, bank account number, and credit card information. Identity theft is committed in many different ways. Some identity thieves sift through trash bins looking for bank account and credit card statements. Other more high-tech methods involve accessing corporate databases to steal lists of customer information. Once they have the information they are looking for, identity thieves can ruin a person's credit rating and the standing of other personal information.
A power of attorney can last, notwithstanding the incapacity of the donor, only if it is a lasting power of attorney: this is a separate and quite different type of power, which must be in a prescribed form, and, to be valid, once signed and witnessed must also be registered with the Office of the Public Guardian.[citation needed] This new type of power of attorney was introduced in 2007 under the Mental Capacity Act 2005. It replaces the former enduring power of attorney, although enduring powers correctly made before the law changed remain valid. Enduring powers were very different, as they only needed to be registered if the donor later lost capacity.
The term attorney-in-fact is used in many jurisdictions instead of the term agent.[2] That term should be distinguished from the term attorney-at-law. In the United States, an attorney-at-law is a solicitor who is also licensed to be an advocate in a particular jurisdiction. An attorney-in-fact may be a layperson and is authorized to act pursuant to the powers granted by a power of attorney but may not engage in acts that would constitute the unauthorized practice of law.
The purpose of a living will is to make your intentions known, so that your family and your doctors will be able to lawfully act in accordance with your wishes. Once completed, discuss your wishes as reflected in your living will with family members, and be sure they have a signed copy. A living will, or advance directive, is not a part of your Will, and must be completed separately.
If you’re helping someone with their estate planning (or doing your own), don’t overlook a living will. It can give invaluable guidance to family members and healthcare professionals if a person can’t express his or her wishes. Without a document expressing those wishes, family members and doctors are left to guess what a seriously ill person would prefer in terms of treatment. They may end up in painful disputes, which occasionally make it all the way to a courtroom.
As for the future of medical care and Medicaid, people are mostly concerned about cloud computing. The addition of using cloud information within United States medicare system would institute easily accessible health information for individuals, but that also makes it easier for identity theft. Currently, new technology is being produced to help encrypt and protect files, which will create a smooth transition to cloud technology in the healthcare system.[75]
Kevin Hinzman and Craig Flory formed Hinzman & Flory, PLLC in 1999, dedicating their firm to the proposition that all people deserve strong and effective legal representation. In the adversarial world of criminal law, Kevin and Craig believe it is important for their potential clients to know where they have placed their priorities as lawyers throughout their careers. Both have devoted their entire professional lives to the defense of accused, rather than their prosecution. Neither have ever worked for the Denton County District Attorney or any other prosecuting authority. For over a combined 40 years, Hinzman & Flory have defended th ... View Profile
