Sign your living will according to your state's rules. Many states require at least 1 witness to watch you sign the form. The witness must be someone who is not your relative, healthcare provider, or legal agent. Some states will not accept your living will as valid without the right witnesses. Check with your lawyer if you are not sure about the state laws for living wills.
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.
A power of attorney is valid only if you are mentally competent when you sign it and, in some cases, incompetent when it goes into effect. If you think your mental capability may be questioned, have a doctor verify it in writing. If your power of attorney doesn't specify requirements for determining mental competency, your agent will still need a written doctor's confirmation of your incompetence in order to do business on your behalf. A court may even be required to decide the competency issue in some circumstances.
In child identity theft, someone uses a child's identity for various forms of personal gain. This is common, as children typically do not have information associated with them that could pose obstacles for the perpetrator, who may use the child's name and Social Security number to obtain a residence, find employment, obtain loans or avoid arrest on outstanding warrants. Often, the victim is a family member, child of a friend or someone else close to the perpetrator. Some people even steal the personal information of deceased loves ones.
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.
The agent should review the power of attorney document carefully to determine what authority the principal granted. After being certain that the power of attorney gives the agent the authority to act, the power of attorney (or a copy) should be taken to the third party (the bank or other institution, or person with whom the principal needs to deal). Some third parties may ask the agent to sign a document such as an affidavit, stating that the agent is acting properly. (The agent may wish to consult with a lawyer before signing such a document.) The third party should accept the power of attorney and allow the agent to act for the principal. An agent should always make it clear that documents are being signed on behalf of the principal.
Yes. If the incapacitated person executed a valid durable power of attorney before the incapacity, it may not be necessary for the court to appoint a guardian, since the agent already has the authority to act for the principal. As long as the agent has all necessary powers, it may not be necessary to file guardianship proceedings and, even when filed, guardianship may be averted by showing the court that a durable power of attorney exists and that it is appropriate to allow the agent to act on the principal’s behalf.
You may want to state whether you want CPR or shock equipment used on you if you go into cardiac arrest, as well as if you would like antibiotics or antivirals to treat infections, among other end-of-life wishes pertaining to health care. For instance, you may want to discuss palliative care, a type of medicine that promotes compassionate comfort care for people in a serious or life-limiting illness. It's a little different than hospice care, which is also a form of compassionate care, but at a time when the patient is considered to be at the end of his or her life.
Many of the provisions in American law, described in the sections above, use terminology having different meaning from both common British usage and from the terms used in the Mental Capacity Act 2005. Examples are 'enduring power of attorney', 'advance directive', and 'notary public': in English law, these terms do not have the same meaning as they have in America.
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
