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.
As a licensed Texas attorney, I’m proud to serve residents of our great state by providing cost-effective solutions to legal matters. I frequently work with on-the-go professionals, families and everyday people just like you to create estate plans that provide peace of mind. My firm relies on the same technology used by online banking and government institutions to keep your data secure. Additionally, all communications we exchange is bound by strict professional standards.
Dwight Eisenhower said, “In preparing for battle I have always found that plans are useless, but planning is indispensable.” It is the advisor-lead planning process itself that is of value to the clients, not the documents. By planning I mean 1) speculating about the cause and effect relationship between what you do today and what will happen in the future relative to your objectives 2) asking “What facts, if they exist, would prevent you from achieving your objectives?” and 3) finding out how likely it is that those facts could exist. By examining these alternative facts, and what to do if they occur, you can anticipate possible future situations and know what to do when it happens.
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.
The information contained in this Website is provided for informational purposes only, and should not be construed as offering legal advice, or creating an attorney client relationship between the reader and the author. You should not act or refrain from acting on the basis of any content included in this Website without seeking appropriate legal advice about your individual facts and circumstances from an attorney licensed in your state. Rania Combs is licensed to practice law only in Texas. Rania Combs is physically located in Chapel Hill, North Carolina and meets with clients in Houston, Texas by appointment only.
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.
Identity theft has evolved far beyond just credit card fraud, and unfortunately is a rapidly growing crime that most people will be impacted by — either directly or indirectly — at some point in their lives. By learning about the types of fraud that exist and the best practices to employ, you can help avoid becoming part of the statistic — digital thieves stole $14.4 billion from US consumers in 2018.
You might also sign a durable power of attorney to prepare for the possibility that you may become mentally incompetent due to illness or injury. Specify in the power of attorney that it cannot go into effect until a doctor certifies you as mentally incompetent. You may name a specific doctor who you wish to determine your competency, or require that two licensed physicians agree on your mental state.
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If you're looking to create a living will in a cost-effective way, you could download a free living will form from a source that you trust, such as RocketLawyer.com or LawDepot.com, or get a form at your local hospital and have it notarized at your bank for around $10 or $15. These templates are often comprehensive and provide space for you to list the names of your physicians as well as emergency contact numbers. These forms also address specific situations, such as pregnancy; on the form, you can specify your wishes for medical care in the event you become incapacitated.
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.
Decide if a healthcare or medical power of attorney is necessary. A healthcare or medical power of attorney gives your agent the right to make medical decisions on your behalf. These decisions might include choosing the facility to treat you, authorizing surgeries and medical procedures, and allowing treatment as recommended by medical professionals. A medical power of attorney only goes into effect when you are incapacitated due to your medical condition and unable to make decisions about your medical care on your own.[7]
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.
The Texas limited power of attorney form is used to handle specific financial responsibilities on behalf of someone else. The representation allowed by the principal must be explicitly stated in the power of attorney and the third (3rd) party presented with this form (the attorney-in-fact) must clearly understand the principal’s intentions. Most commonly, the form becomes void upon the completion of the stated actions, at a predetermined…
Yes. Agents must meet certain standards of care when performing their duties. An agent is looked upon as a “fiduciary” under the law. A fiduciary relationship is one of trust. If the agent violates this trust, the law may punish the agent both civilly (by ordering the payment of restitution and punishment money) and criminally (probation or jail). The standards of care that apply to agents are discussed under “Financial Management and the Liability of an Agent.”
The increase in crimes of identity theft led to the drafting of the Identity Theft and Assumption Deterrence Act.[54] In 1998, The Federal Trade Commission appeared before the United States Senate.[55] The FTC discussed crimes which exploit consumer credit to commit loan fraud, mortgage fraud, lines-of-credit fraud, credit card fraud, commodities and services frauds. The Identity Theft Deterrence Act (2003)[ITADA] amended U.S. Code Title 18, § 1028 ("Fraud related to activity in connection with identification documents, authentication features, and information"). The statute now makes the possession of any "means of identification" to "knowingly transfer, possess, or use without lawful authority" a federal crime, alongside unlawful possession of identification documents. However, for federal jurisdiction to prosecute, the crime must include an "identification document" that either: (a) is purportedly issued by the United States, (b) is used or intended to defraud the United States, (c) is sent through the mail, or (d) is used in a manner that affects interstate or foreign commerce. See 18 U.S.C. § 1028(c). Punishment can be up to 5, 15, 20, or 30 years in federal prison, plus fines, depending on the underlying crime per 18 U.S.C. § 1028(b). In addition, punishments for the unlawful use of a "means of identification" were strengthened in § 1028A ("Aggravated Identity Theft"), allowing for a consecutive sentence under specific enumerated felony violations as defined in § 1028A(c)(1) through (11).[56]
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.
The amount you are charged upon purchase is the price of the first term of your subscription. The length of your first term depends on your purchase selection (e.g. 1 month or 1 year). Once your first term is expired, your subscription will be automatically renewed on an annual basis (with the exception of monthly subscriptions, which will renew monthly) and you will be charged the renewal subscription price in effect at the time of your renewal, until you cancel (Vermont residents must opt-in to auto-renewal.)
Powers of attorney are a useful estate planning tool which protects a person and their property in the event they become unable to make decisions. A power of attorney grants a designated individual the ability to help the grantor with decisions. When a durable power of attorney is given, the designated individual may not only help the grantor with current decisions, they may also make decisions for the grantor on their own, should he or she become incompetent or otherwise incapacitated.
The information contained in this Website is provided for informational purposes only, and should not be construed as offering legal advice, or creating an attorney client relationship between the reader and the author. You should not act or refrain from acting on the basis of any content included in this Website without seeking appropriate legal advice about your individual facts and circumstances from an attorney licensed in your state. Rania Combs is licensed to practice law only in Texas. Rania Combs is physically located in Chapel Hill, North Carolina and meets with clients in Houston, Texas by appointment only.
