· I do not expect that my wife and my children will die before I do, but it is possible. If any grandchildren are under the age of 18, any assets will not go to them but rather to a guardian appointed by the Court until they are 18. The fact that my grandchildren might inherit from me but be underage means that my assets may be diverted into the hands of a random guardian appointed by the Court.
A third party is authorized by Florida law to require the agent to sign an affidavit (a sworn or an affirmed written statement), stating that the agent is validly exercising the authority under the power of attorney. If the agent wants to use the power of attorney, the agent may need to sign the affidavit if so requested by the third party. The purpose of the affidavit is to relieve the third party of liability for accepting an invalid power of attorney. As long as the statements in the affidavit are true at that time, the agent may sign it. The agent may wish to consult with a lawyer before signing it.
If you've changed jobs over the years, it's quite likely that you have several different 401(k) retirement plans still open with past employers or maybe even several different IRA accounts. You may want to consider consolidating these accounts into one individual IRA. Consolidating of accounts allows for better investment choices, lower costs, a larger selection of investments, less paperwork, and easier management.
A third party is authorized by Florida law to require the agent to sign an affidavit (a sworn or an affirmed written statement), stating that the agent is validly exercising the authority under the power of attorney. If the agent wants to use the power of attorney, the agent may need to sign the affidavit if so requested by the third party. The purpose of the affidavit is to relieve the third party of liability for accepting an invalid power of attorney. As long as the statements in the affidavit are true at that time, the agent may sign it. The agent may wish to consult with a lawyer before signing it.
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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]
· I own my own law practice. Since neither my wife nor any of my children are lawyers, they cannot inherit the practice and much of the value of the good will of my practice will disappear the moment of my death. The fact that I am in business for myself and so much of the value of the business is based on my being there means that my wife and my children will not get the full value of my business after my death.
If the power of attorney was properly executed under the other state’s laws, then it may be used in Florida, but its use will be subject to Florida’s Power of Attorney Act and other state laws. The agent may act only as authorized by Florida law and the terms of the power of attorney. There are additional requirements for real estate transactions in Florida, and if the power of attorney does not comply with those requirements its use may be limited to banking and other non-real estate transactions. The third party also may request an opinion of counsel that the power of attorney was properly executed in accordance with the laws of the other state.
The revocation must be in writing and may be done by a subsequent power of attorney. Notice should be served on the agent and any other party who might rely on the power. The notice should be served either by any form of mail that requires a signed receipt or by certain approved methods of personal delivery. Special rules exist for serving notice of revocation on banks and other financial institutions. Consult with a lawyer to be sure proper procedures are followed.
Third parties are often concerned whether the document is valid. They do not know if it was executed properly or forged. They do not know if it has been revoked. They do not know if the principal was competent at the time the power of attorney was signed. They do not know whether the principal has died. Third parties do not want liability for the improper use of the document. Some third parties refuse to honor powers of attorney because they believe they are protecting the principal from possible unscrupulous conduct. If your power of attorney is refused, talk to your attorney.
FAIR CREDIT REPORTING ACT: You have numerous rights under the FCRA, including the right to dispute inaccurate information in your credit report(s). Consumer reporting agencies are required to investigate and respond to your dispute, but are not obligated to change or remove accurate information that is reported in compliance with applicable law. While this plan can provide you assistance in filing a dispute, the FCRA allows you to file a dispute for free with a consumer reporting agency without the assistance of a third party.
The person who creates a power of attorney, known as the grantor, can only do so when he/she has the requisite mental capacity. If the grantor loses the capacity to grant permission after the power of attorney has been created (for example, from Alzheimer's disease or a head injury in a car crash); then the power will probably no longer be effective.[citation needed] In some powers of attorney the grantor states that he/she wishes the document to remain in effect even after he/she becomes incapacitated. This type of power is commonly referred to as a durable power of attorney. If someone is already incapacitated, it is not possible for that person to execute a valid power, although in some jurisdictions, it may be possible for someone to have the capacity to execute a power of attorney even if they do not have the capacity to make the decisions that they are delegating.[5] If a person does not have the capacity to execute a power of attorney (and does not already have a durable power in place), often the only way for another party to act on their behalf is to have a court impose a conservatorship or a guardianship.
The term “financial fraud” covers common credit card, check and debit card fraud. When criminals use your credit cards or debit cards to make a purchase, they typically do so without assuming your identity. Recovering from financial fraud is comparatively easier than recovering from identity fraud, because most creditors don’t hold you liable for fraudulent charges.
Criminal identity theft can create a myriad of headaches for the victim after the fact. Though a less common from of fraud, a thief could get caught for a traffic violation or a misdemeanor and sign the citation with your name. Then you get stuck paying those annoying fees and fines. If a thief uses your name when getting arrested for a crime, you could end up with a criminal record, which could affect your ability to get a job or buy/rent property. Another case is when the thief commits a crime using your identity, and then a warrant is issued for your arrest. But instead of looking for the criminal, they are looking for you—you could have a warrant out for your arrest and not even know it!
FAIR CREDIT REPORTING ACT: You have numerous rights under the FCRA, including the right to dispute inaccurate information in your credit report(s). Consumer reporting agencies are required to investigate and respond to your dispute, but are not obligated to change or remove accurate information that is reported in compliance with applicable law. While this plan can provide you assistance in filing a dispute, the FCRA allows you to file a dispute for free with a consumer reporting agency without the assistance of a third party.
It can be difficult for the victim of a criminal identity theft to clear their record. The steps required to clear the victim's incorrect criminal record depend in which jurisdiction the crime occurred and whether the true identity of the criminal can be determined. The victim might need to locate the original arresting officers and prove their own identity by some reliable means such as fingerprinting or DNA testing, and may need to go to a court hearing to be cleared of the charges. Obtaining an expungement of court records may also be required. Authorities might permanently maintain the victim's name as an alias for the criminal's true identity in their criminal records databases. One problem that victims of criminal identity theft may encounter is that various data aggregators might still have the incorrect criminal records in their databases even after court and police records are corrected. Thus it is possible that a future background check will return the incorrect criminal records.[13] This is just one example of the kinds of impact that may continue to affect the victims of identity theft for some months or even years after the crime, aside from the psychological trauma that being 'cloned' typically engenders.
· None of my children have a drug problem, but it is possible that one or more of them could be caught up in the opiod crisis. If one of them does so and has judgments against them from creditors at my death, those creditors get whatever assets that child might receive from my estate. The fact that a child might have judgments against them due to an opiod addiction means that assets will not go to my child, but to their creditors instead.
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 financial situations wherein a principal requests a securities broker to perform extensive investment functions on the principal's behalf, independent of the principal's advice, power of attorney must be formally granted to the broker to trade in the principal's account. This rule also applies to principals who instruct their brokers to perform certain specific trades and principals who trust their brokers to perform certain trades in the principal's best interest.[citation needed]
A power of attorney must be signed by the principal and by two witnesses to the principal’s signature, and a notary must acknowledge the principal’s signature for the power of attorney to be properly executed and valid under Florida law. There are exceptions for military powers of attorney and for powers of attorney created under the laws of another state.
A living will, despite its name, isn't at all like the wills that people use to leave property at their death. A living will, also called a directive to physicians or advance directive, is a document that lets people state their wishes for end-of-life medical care, in case they become unable to communicate their decisions. It has no power after death.
There are a few actions that an agent is prohibited from doing even if the power of attorney states that the action is authorized. An agent, unless also a licensed member of The Florida Bar, may not practice law in Florida. An agent may not sign a document stating that the principal has knowledge of certain facts. For example, if the principal was a witness to a car accident, the agent may not sign an affidavit stating what the principal saw or heard. An agent may not vote in a public election on behalf of the principal. An agent may not create or revoke a will or codicil for the principal. If the principal was under contract to perform a personal service (i.e., to paint a portrait or provide care services), the agent is not authorized to do these things in the place of the principal. Likewise, if someone had appointed the principal to be trustee of a trust or if the court appointed the principal to be a guardian or conservator, the agent may not take over these responsibilities based solely on the authority of a power of attorney.
A power of attorney is a legal document delegating authority from one person to another. In the document, the maker of the power of attorney (the “principal”) grants the right to act on the maker’s behalf as that person’s agent. What authority is granted depends on the specific language of the power of attorney. A person giving a power of attorney may make it very broad or may limit it to certain specific acts.
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.
You have the right to help plan your care. To help with this plan, you must learn about living wills and how they are used. You can then discuss treatment options with your healthcare providers. Work with them to decide what care will be used to treat you. You always have the right to refuse treatment.The above information is an educational aid only. It is not intended as medical advice for individual conditions or treatments. Talk to your doctor, nurse or pharmacist before following any medical regimen to see if it is safe and effective for you.
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]
A living will only works while these two things are true: You must be unable to communicate but still be alive. For instance, if you were confused or in a coma because of a head injury, your doctors would want to look at your living will for direction. But the moment you’re able to communicate on your own, your living will becomes unneeded and has no authority.
A Living Will is a legal document that outlines your preferences in regard to what life-saving measures medical staff and first-responders are allowed to perform on you to save or prolong your life. It also states what end-of-life pain management and comfort measures you want to be administered during the closing phase of your life. In addition, our document includes the option of appointing a healthcare agent to make sure your wishes are implemented.
Decide what type of power of attorney is right for you. There are different types of powers of attorney that you may want to execute, depending on your situation. Some cover only financial issues, whereas others address health care issues.[2] These powers of attorney can either become effective immediately, or on a future date, when you are unable to make decisions on your own behalf, due to disability, illness, or injury. The state of Texas has established a Statutory Durable Power of Attorney law[3] that allows you to choose the type of power of attorney that best accomplishes your goals.
Identity theft complaints as a percentage of all fraud complaints decreased from 2004-2006.[60] The Federal Trade Commission reported that fraud complaints in general were growing faster than ID theft complaints.[60] The findings were similar in two other FTC studies done in 2003 and 2005. In 2003, 4.6 percent of the US population said they were a victim of ID theft. In 2005, that number had dropped to 3.7 percent of the population.[61][62] The Commission's 2003 estimate was that identity theft accounted for some $52.6 billion of losses in the preceding year alone and affected more than 9.91 million Americans;[63] the figure comprises $47.6 billion lost by businesses and $5 billion lost by consumers.
There are several types of identity theft that are used to gather information, one of the most common types occurs when consumers make online purchases.[35] A study was conducted with 190 people to determine the relationship between the constructs of fear of financial losses and reputational damages.[35] The conclusions of this study revealed that identity theft was a positive correlation with reputable damages.[35] The relationship between perceived risk and online purchase intention were negative.[35] The significance of this study reveals that online companies are more aware of the potential harm that can be done to their consumers, therefore they are searching for ways to reduce the perceived risk of consumers and not lose out on business.
Steven Buitron, a San Antonio native, is an experienced attorney with a background that sets him apart from the rest. Prior to entering private practice, he spent many years as a professor, teaching Business Law and Political Science at the University of Texas at San Antonio, Wayland Baptist University and Cayuga Community College in Fulton, New York. Mr. Buitron completed his undergraduate education at the University of Texas at San Antonio, where he received a Bachelor's degree in Political Science, followed by a Master's degree in Public Administration and later a Juris Doctor from Syracuse University College of Law. Mr. Buitr ... View Profile
