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.
A power of attorney may be used to give another the right to sell a car, home or other property. A power of attorney might be used to allow another to access bank accounts, sign a contract, make health care decisions, handle financial transactions or sign legal documents for the principal. A power of attorney may give others the right to do almost any legal act that the maker of the power of attorney could do, including the ability to create trusts and make gifts.
Keep the original and make copies of your living will. Keep your living will original document in a safe place that is easy to find. Do not put your living will in a hidden or locked place in your home, or in your safe deposit box at the bank. Give your healthcare providers and family members copies of your living will. Make sure healthcare providers put a current copy in your medical records where you get care, such as the hospital.
Under the common law, a power of attorney becomes ineffective if its grantor dies or becomes "incapacitated," meaning unable to grant such a power, because of physical injury or mental illness, for example, unless the grantor (or principal) specifies that the power of attorney will continue to be effective even if the grantor becomes incapacitated. This type of power of attorney is called "power of attorney with durable provisions" in the United States or "enduring power of attorney", "lasting" or "continuing" power of attorney elsewhere. In effect, under a durable power of attorney, the authority of the attorney-in-fact to act and/or make decisions on behalf of the grantor continues until the grantor's death.[13]
While you may think that you've covered all your bases, it may be a good idea to consult with a professional on a full investment and insurance plan. And if it's been a while, you may want to revisit your plan. As you get older, your needs may change, such as figuring out if you need long-term care insurance and protecting your estate from a large tax bill or lengthy court processes. Professionals will also be up on changes in legislation and income or estate tax laws, which could impact your bequests.
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Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term identity theft was coined in 1964.[1] Since that time, the definition of identity theft has been statutorily defined throughout both the U.K. and the United States as the theft of personally identifiable information. Identity theft deliberately uses someone else's identity as a method to gain financial advantages or obtain credit and other benefits,[2][3] and perhaps to cause other person's disadvantages or loss. The person whose identity has been stolen may suffer adverse consequences,[4] especially if they are falsely held responsible for the perpetrator's actions. Personally identifiable information generally includes a person's name, date of birth, social security number, driver's license number, bank account or credit card numbers, PINs, electronic signatures, fingerprints, passwords, or any other information that can be used to access a person's financial resources.[5]
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.
With a trust you initially serve as trustee and manage the property. If you become disabled or pass away, the successor trustee, or trustees, you named in the trust agreement automatically takes over management of the property. After you pass away, the trust property is managed and distributed according to the terms of the trust. The courts aren’t involved.
The acquisition of personal identifiers is made possible through serious breaches of privacy. For consumers, this is usually a result of them naively providing their personal information or login credentials to the identity thieves (e.g., in a phishing attack) but identity-related documents such as credit cards, bank statements, utility bills, checkbooks etc. may also be physically stolen from vehicles, homes, offices, and not the least letterboxes, or directly from victims by pickpockets and bag snatchers. Guardianship of personal identifiers by consumers is the most common intervention strategy recommended by the US Federal Trade Commission, Canadian Phone Busters and most sites that address identity theft. Such organizations offer recommendations on how individuals can prevent their information falling into the wrong hands.
The type of information taken during a breach can vary widely depending on what personal info the company has stored, and what the perpetrator is able to access. Sometimes, the types of info stolen can also depend on the purpose of the breach, which could vary from making a political statement to a hacker simply “showing off”. Perpetrators that are committing breaches for financial gain generally target personal information that can be resold on the dark web and be used for identity fraud, focusing on info like full names, email addresses, passwords, Social Security number, date of birth and driver’s license number to name a few.
By going through the planning process and acting today my client’s family to handle those situations, the client, and their family, can anticipate the future. What is the value of being able to avoid risks and take advantage of opportunities? May times what my fees are. So, the fees paid to me today that avoids substantial risk to yourself and your family is worth every cent.
Suppose you become mentally incompetent due to illness or accident while you have a power of attorney in effect. Will the document remain valid? To safeguard against any problems, you can sign a durable power of attorney. This is simply a general, special, or health care POA that has a durability provision to keep the current power of attorney in effect.
Poor stewardship of personal data by organizations, resulting in unauthorized access to sensitive data, can expose individuals to the risk of identity theft. The Privacy Rights Clearinghouse have documented over 900 individual data breaches by US companies and government agencies since January 2005, which together have involved over 200 million total records containing sensitive personal information, many containing social security numbers.[38] Poor corporate diligence standards which can result in data breaches include:
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.
A living will can be created by an individual within one (1) day. It does not need to be made with an attorney or filed with a government office. All that is required is for the Principal (the patient) to enter their end-of-life treatment options and have the living will signed in the presence of a notary public and/or witnesses (depending on State Laws).
Poor stewardship of personal data by organizations, resulting in unauthorized access to sensitive data, can expose individuals to the risk of identity theft. The Privacy Rights Clearinghouse have documented over 900 individual data breaches by US companies and government agencies since January 2005, which together have involved over 200 million total records containing sensitive personal information, many containing social security numbers.[38] Poor corporate diligence standards which can result in data breaches include:
Synthetic identity theft is a type of fraud in which a criminal combines real (usually stolen) and fake information to create a new identity, which is used to open fraudulent accounts and make fraudulent purchases. Synthetic identity theft allows the criminal to steal money from any credit card companies or lenders who extend credit based on the fake identity.
Although a power of attorney grants the agent powers to perform acts in the absence of the grantor, the POA cannot grant powers to the agent that conflict with rules and regulations governing people and companies that the agent deals with. For example, if a bank has regulations that require the grantor to be physically present in the bank to perform certain actions, the POA cannot grant the agent power to perform those actions in the absence of the grantor.
The equal dignity rule is a principle of law that requires an authorization for someone performing certain acts for another person to have been appointed with the same formality as required for the act the representative is going to perform. This means, for example, that if a principal authorizes someone to sell the principal's house or other real property, and the law requires a contract for the sale of real property to be in writing (which is required under the Statute of Frauds in most U.S. jurisdictions), then the authorization for the other person to sign the sales contract and deed must be in writing too. Likewise, in common-law jurisdictions other than the U.S., a power of an attorney to execute a deed (i.e. instrument under seal or executed in presence of two witnesses) must be itself executed as a deed.
A declaration of trust will also provide the basic terms of the trust. Your estate stays private and passes directly to your heirs, you do not pay a probate attorney or court costs, and your loved ones may be able to avoid being tied up in probate court for what could be a year or more. From this planner’s perspective, a trust can be a fantastic choice for estate transfer.
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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.
The Texas durable financial power of attorney, also known as the “Statutory” form, can be used to designate powers to another person for monetary reasons that are broad and sweeping. This particular document remains effective for financial use even if the principal should be in a position where they cannot think for themselves. The representative chosen by the principal should be trustworthy and act in…
This is another strategy that can be used to limit death taxes. It involves an individual locking in the current value and thus, tax liability, of their property, while attributing the value of future growth of that capital property to another person. Any increase that occurs in the value of the assets in the future is transferred to the benefit of another person, such as a spouse, child, or grandchild.
This is the first comprehensive estate-planning guide for those living with a chronic disease or disability. This book is targeted at those planning for the disbursement of their estates, no matter their size.Estate-planning is crucial for those living with a chronic disease or disability: individuals must express their preferences whether to receive long-term care at home rather than in a nursing home in the event that they become more disabled, and it is more important for one who has a chronic illness to name a power of attorney.
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.
• Report missing identification cards. Most criminal identity thieves get your information from stealing your personally identifiable information (PII) from physical cards like your driver’s license, Social Security card or Identification card. If you report a missing driver license, your state might flag your license number and in the event that another driver is pulled over by law enforcement and presents your license as their own they could be questioned for further information
Organ and tissue donations for transplantation can be specified in your living will. If your organs are removed for donation, you will be kept on life-sustaining treatment temporarily until the procedure is complete. To help your health care agent avoid any confusion, you may want to state in your living will that you understand the need for this temporary intervention.
As for the future of medical care and Medicaid, people are mostly concerned about cloud computing. The addition of using cloud information within United States medicare system would institute easily accessible health information for individuals, but that also makes it easier for identity theft. Currently, new technology is being produced to help encrypt and protect files, which will create a smooth transition to cloud technology in the healthcare system.[75]
You cannot make your own medical decisions: Your living will takes effect when you can no longer let healthcare providers know what care you want. Depending on the state you live in, 1 or 2 doctors have to decide that you can no longer make medical decisions. You may not be able to communicate what you want. You may lack the ability to understand the choices that need to be made about your medical care and the effects of the choices.
There are a few actions that an agent is prohibited from doing even if the power of attorney states that the action is authorized. An agent, unless also a licensed member of The Florida Bar, may not practice law in Florida. An agent may not sign a document stating that the principal has knowledge of certain facts. For example, if the principal was a witness to a car accident, the agent may not sign an affidavit stating what the principal saw or heard. An agent may not vote in a public election on behalf of the principal. An agent may not create or revoke a will or codicil for the principal. If the principal was under contract to perform a personal service (i.e., to paint a portrait or provide care services), the agent is not authorized to do these things in the place of the principal. Likewise, if someone had appointed the principal to be trustee of a trust or if the court appointed the principal to be a guardian or conservator, the agent may not take over these responsibilities based solely on the authority of a power of attorney.
Florida Department of Elder Affairs: The DOEA is a helpful resource on a variety of issues relating to aging. The general jurisdiction, mission and purpose of the department are found in Chapter 430 of the Florida Statutes. The DOEA maintains the Elder Helpline, a statewide toll-free number 1-800-96ELDER, as well as a website located at http://elderaffairs.state.fl.us/index.php . The department also co-sponsors publication of the “Older Floridians Handbook.”
The Office of the Public Guardian provides an online process for registering a lasting power of attorney.[20] It is a bureaucratic minefield, full of traps for the unwary;[citation needed] and the end result can be disappointing, as many financial institutions do not trust lasting powers, viewing the attorney simply as a potential fraudster, and in practice tend to be highly uncooperative.
There are a few actions that an agent is prohibited from doing even if the power of attorney states that the action is authorized. An agent, unless also a licensed member of The Florida Bar, may not practice law in Florida. An agent may not sign a document stating that the principal has knowledge of certain facts. For example, if the principal was a witness to a car accident, the agent may not sign an affidavit stating what the principal saw or heard. An agent may not vote in a public election on behalf of the principal. An agent may not create or revoke a will or codicil for the principal. If the principal was under contract to perform a personal service (i.e., to paint a portrait or provide care services), the agent is not authorized to do these things in the place of the principal. Likewise, if someone had appointed the principal to be trustee of a trust or if the court appointed the principal to be a guardian or conservator, the agent may not take over these responsibilities based solely on the authority of a power of attorney.
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.
Standardized forms are available for various kinds of powers of attorney, and many organizations provide them for their clients, customers, patients, employees, or members. However, the grantor should exercise caution when using a standardized POA form obtained from a source other than a lawyer because there is considerable variation in approved formats among the states.[8] In some jurisdictions statutory power of attorney forms are available.[18]
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.
Identity theft occurs when someone uses another person's personal identifying information, like their name, identifying number, or credit card number, without their permission, to commit fraud or other crimes. The term identity theft was coined in 1964.[1] Since that time, the definition of identity theft has been statutorily defined throughout both the U.K. and the United States as the theft of personally identifiable information. Identity theft deliberately uses someone else's identity as a method to gain financial advantages or obtain credit and other benefits,[2][3] and perhaps to cause other person's disadvantages or loss. The person whose identity has been stolen may suffer adverse consequences,[4] especially if they are falsely held responsible for the perpetrator's actions. Personally identifiable information generally includes a person's name, date of birth, social security number, driver's license number, bank account or credit card numbers, PINs, electronic signatures, fingerprints, passwords, or any other information that can be used to access a person's financial resources.[5]
For instance, if you own a variety of valuable items and assets, after you're gone, your will would designate who would receive your house, furniture and artwork collection. However, if you're in a coma, a living trust will assign somebody to make these choices for you. This person would be able to use your bank account to pay your bills and make financial decisions, including whether or not to sell your home. Without a living trust, those types of decisions can be made by a court.
Sign your forms in front of a notary public. In Texas, all power of attorney forms need to be notarized.[10] This can be done by going to the nearest bank branch. The bank will usually notarize forms for free if you have an account with them. If you do not have an account with the bank, they may charge you a small fee for notary services. For instance, Bank of America charges $8.50 to notarize documents. Your lawyer's office also is likely to have a notary on staff.
