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."
People often have a Living Will just to clarify their preferences when it comes to life support options. Life support is needed when you become dependent in order to survive. You can opt to have your life support withdrawn if your condition worsens to a point that is not satisfactory with your living standards. In our example, Greg Smith wishes to withdraw from life support if he falls into a chronic coma or vegetative state.
Discuss all important matters with your power of attorney. You are appointing an agent to make decisions for you so that your express wishes are carried out, despite your inability to make those decisions. If your agent doesn't know how you feel or what you want with respect to a certain issue, the likelihood of your wishes being carried out is slim.
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.
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.
Unless the power of attorney has been made irrevocable by its own terms or by some legal principle, the grantor may revoke the power of attorney by telling the attorney-in-fact it is revoked. However, if the principal does not inform third parties and it is reasonable for the third parties to rely upon the power of attorney being in force, the principal might still be bound by the acts of the agent, though the agent may also be liable for such unauthorized acts.
Short-term and long-term treatments: You may want short-term treatments when there is a good chance that you will get better. For example, you may want a feeding tube for a short time while you recover from surgery. You may not want a permanent feeding tube if you have a severe and long-term brain injury. You may want to have a limit on the amount of time you want to have other life-sustaining treatments.
A medical power of attorney is also known as a “health care proxy”— and this person acts as an agent to make medical decisions for you if you can’t talk to the doctors yourself. So instead of a piece of paper, you have a person you trust to speak on your behalf—acting in your best interests—while honoring your original wishes. So, you would need to have a conversation with them to make sure they know how you feel about important medical decisions.
As a result, the individual has a lower effective cost of giving, which provides additional incentive to make those gifts. And of course, an individual may wish to make charitable contributions to a variety of causes. Estate planners can work with the donor in order to reduce taxable income as a result of those contributions, or formulate strategies that maximize the effect of those donations.
You have to go to court and get a guardianship and/or conversatorship as is warranted by the situation. If he was injured in the military, you may be eligible for military legal services to help you obtain the forms needed to get this done. If not, you will likely have to obtain legal assistance via an attorney in the private sector or seek legal aid in your home state.
J. Derick Winfrey is a solo practitioner who specializes in assisting his clients in many legal specialties. Derick has an extensive background in corporate law, real estate transactions, commercial real estate, contracts, oil and gas transactions, bankruptcy, civil litigation, family law, criminal defense and estate planning. Derick believes not only in the importance of helping his clients understand the complexities of the law and the legal process, but also in their vigorous representation. He has a BBA in Finance from the University of Texas at Austin and received his Juris Doctor from Texas Tech University.&n ... View Profile
