These state specific living will forms are in word (.doc) and adobe (.pdf) formats and available for free and immediate download. Each will open in a separate window when clicked. Once opened, you can then save and edit on your computer. If you prefer, you can right click on the file, then chose “save Target as” and save the form directly to your computer. Once saved, you may edit and fill in the forms with your word processing software.
Estate plans combine three elements: learning from the past, adapting to the present and anticipating the future. The document generators codify learning from the past through their processes and procedures. A Power of Attorney Holder or a Personal Representative adapts to the present. Only planning, with the help of a professional advisor, anticipates the future.
The agent will always want to add after his or her signature that the document is being signed “as agent for” the principal. If the agent signs only his or her own name, the agent may be held personally responsible for whatever was signed. As long as the signature clearly indicates that the document is being signed in a representative capacity and not personally, the agent is protected. Though lengthy, it is, therefore, best to sign as follows:
An agent is a fiduciary and as such has multiple duties when acting for the principal. These include an overriding duty to do only those acts authorized by the power of attorney, and when performing those acts to act in accordance with the principal’s reasonable expectations, to act in the principal’s best interest and to attempt to preserve the principal’s estate plan. The preservation of the estate plan is dependent on a number of factors, including the agent’s knowledge of the plan and the needs and desires of the principal. If the agent assumes responsibility for the principal’s investments, the agent has a duty to invest and manage the assets of the principal as a prudent investor. This standard requires the agent to exercise reasonable care and caution in managing the assets of the principal. The agent must apply this standard to the overall investments and not to one specific asset. An agent possessing special financial skills or expertise has an obligation to use those skills. The agent is required to keep careful records and may be required to provide an accounting. Everything the agent does for the principal should be written down, and the agent should keep all receipts and copies of all correspondence and consider logging phone calls so if the agent is questioned, records are available. Agents should consult with lawyers to be sure they understand all of the duties applicable to them.
What if you have a living will and a health care agent, and there’s a conflict? Let’s pretend a new medical treatment came up recently. Your health care agent learned about the procedure from your doctor and knows it’s something you would want to try based on your previous talks. But your living will didn’t specify this treatment as something you would be open to (because it’s a new thing you couldn’t have predicted would be developed when writing your living will).
The requirements for a living will vary by state so many people hire a lawyer to prepare their living will. Most people can create this simple document - along with the other typical estate planning documents - without the high legal fees by using a quality software application that accounts for their state's laws. If you need to write or update a will or trust, you can take care of your living will at the same time.
Formerly, the term "power" referred to an instrument signed under seal while a "letter" was an instrument under hand, meaning that it was simply signed by the parties, but today a power of attorney does not need to be signed under seal. Some jurisdictions require that powers of attorney be notarized or witnessed, but others will enforce a power of attorney as long as it is signed by the grantor.
Includes: Last Will and Testament*, Durable Power of Attorney, Medical Power of Attorney, HIPAA Authorization, Living Will or Directive to Physicians, Appointment of Guardian (if necessary), Beneficiary Designation Instructions, detailed instructions on how to sign your documents in compliance with the Texas Statutes, and a periodic “peace of mind” review.
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.
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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]
Estate plans combine three elements: learning from the past, adapting to the present and anticipating the future. The document generators codify learning from the past through their processes and procedures. A Power of Attorney Holder or a Personal Representative adapts to the present. Only planning, with the help of a professional advisor, anticipates the future.
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.
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.
Typically while on life support, you need extra measures to keep you alive. If there are certain life-sustaining treatments you prefer not to undergo, initial and check accordingly. In our example, Greg Smith does not wish to have ventilation treatment while on life support. Warning: Selecting to withdraw from life-sustaining treatment can lead to death, choose carefully.
There is an active market for buying and selling stolen personal information, which occurs mostly in darknet markets but also in other black markets.[40] People increase the value of the stolen data by aggregating it with publicly available data, and sell it again for a profit, increasing the damage that can be done to the people whose data was stolen.[41]
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?
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!
The Texas Power Of Attorney Form allows another appointed person, also referred to as the`Agent`, to make decisions over a patient`s health care treatment should they become so ill that they are no longer able to do so. This authority can be out right or can be limited by the principal to any lesser or greater extent they wish. The document requires either a notary or two witnesses. The document is in accordance with statutes §166.001 to -.166 in the state of Texas.
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