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.
· Say I have a retirement account and I have life insurance from before I was married. Because each of these are contracts, the assets are distributed according to the beneficiary designation forms I signed when I started the retirement savings or purchased the life insurance – which at the time were my parents (since I was not married nor had children). The fact that I have such contracts with out-of-date designations means that the assets do not go to my wife; instead they will go to my 96-year-old father.
Let's focus on a revocable living trust for the purpose of estate transfer. Like a will, a trust will require you to transfer property after death to loved ones. It is called a living trust because it is created while the property owner, or trustor, is alive. It is revocable, as it may be changed during the life of the trustor. The trustor maintains ownership of the property held by the trust while the trustor is alive.
In Australia, anyone with capacity can grant a power of attorney. This can be done either for a pre-defined period of time, or in perpetuity ("enduring"). The power of attorney can be granted to one individual, or to multiple individuals. When granted to multiple individuals, they may be authorised either to act jointly (all together) or to act severally (each can act individually).
A Notary is an official public officer that can legally attest a signature to a document giving it the utmost authenticity. By having a signature from a notary, your Living Will will not be questioned in the event there is conflict. In most states, a signature from a notary public is required in order for your Living Will to be valid. It is not difficult nor expensive to obtain a signature from a notary public, as most banks will do it for free. Be sure to have signatures from all parties including yourself before bringing it to a notary public.
A POLST is intended for people who have already been diagnosed with a serious illness. This form does not replace your other directives. Instead, it serves as doctor-ordered instructions — not unlike a prescription — to ensure that, in case of an emergency, you receive the treatment you prefer. Your doctor will fill out the form based on the contents of your advance directives, the discussions you have with your doctor about the likely course of your illness and your treatment preferences.
· Say I have a retirement account and I have life insurance from before I was married. Because each of these are contracts, the assets are distributed according to the beneficiary designation forms I signed when I started the retirement savings or purchased the life insurance – which at the time were my parents (since I was not married nor had children). The fact that I have such contracts with out-of-date designations means that the assets do not go to my wife; instead they will go to my 96-year-old father.
Using a medical power of attorney to accompany your Living Will is highly recommended. It allows you to appoint an agent to make health care related decisions on your behalf when you become incapacitated or unable to communicate your health care wishes. In our example, the Principal named Greg Smith appointed his good friend George Leary to be his health care agent.
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.
There are several identify theft protection services that help people avoid and mitigate the effects of identity theft. Typically, such services provide information helping people to safeguard their personal information; monitor public records, as well as private records such as credit reports, to alert their clients of certain transactions and status changes; and provide assistance to victims to help them resolve problems associated with identity theft.
If you desire to have more control over your medical treatment in the event you are unable to make them for yourself, you will need to create a medical power of attorney. Just like a Living Will, you will need to select an agent who will behold your medical wishes and makes certain that those wishes are carried out successfully. Completing both a living will and a medical power of attorney form are recommended.
Under some circumstances, if the third party’s refusal to honor the power of attorney causes damage, the third party may be liable for those damages and even attorney’s fees and court costs. Even a mere delay may cause damage, and this, too, may be actionable. It is reasonable, however, for the third party to have the time to consult with a lawyer or an internal legal department about the power of attorney. Delay for more than a short period may be unreasonable. Upon refusal or unreasonable delay, consult an attorney.
One relatively new aspect of estate planning is digital assets. Things like email accounts, social media pages, blogs, websites, and media stored in the Cloud all qualify as digital assets, and you’ll need to decide who gets which assets after you pass away. Many of us now use Cloud services to store our family photos and videos instead of traditional photo albums and physical videos, so your family will want to be able to access these cherished memories.
· 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.
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]
