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]
You must sign and notarize the original power of attorney document, and certify several copies. Banks and other businesses will not allow your agent to act on your behalf unless they receive a certified copy of the power of attorney. Attorneys are unnecessary to execute a power of attorney. However, it may be wise to consult one for advice about the powers being granted, to provide counsel on your candidate agent, and to make sure your document meets all legal requirements.
Identity theft is the crime of obtaining the personal or financial information of another person to use their identity to commit fraud, such as making unauthorized transactions or purchases. Identity theft is committed in many different ways and the end result is that victims are typically left with damage to their credit, finances, and reputation.
The Texas Living Will known also as an Advance Health Care Directive is to allow a person, often known as the `Principal`, to legally choose their medical treatment should they become incapacitated to such a degree that they are no longer rational to make these choices. A Texas living will requires a notary or two witnesses. The document is created in accordance with statutes §§166.031 to 166.053 and is legally binding for any periods of time stipulated by the principal
Keep the original forms in a safe place. In Texas, you do not have to submit the power of attorney forms to any agency for it to be valid. You just have to keep an original or copies with you at all times in case you may need it in the future. You might want to keep the original document in a safe at home or in a safe deposit box at a bank. If a lawyer drafts a power of attorney for you, they will automatically keep the original documents on file in their office.
A power of attorney may be: special (also called limited), general, or temporary. A special power of attorney is one that is limited to a specified act or type of act. A general power of attorney is one that allows the agent to make all personal and business decisions[10][11] A temporary power of attorney is one with a limited time frame.[12] If ever required, a durable power of attorney can be revoked or changed as long as the principal is still mentally competent to act.
Sign your living will according to your state's rules. Many states require at least 1 witness to watch you sign the form. The witness must be someone who is not your relative, healthcare provider, or legal agent. Some states will not accept your living will as valid without the right witnesses. Check with your lawyer if you are not sure about the state laws for living wills.
When you're facing legal challenges related to criminal or family law in Grand Prairie or Mansfield, TX, turn to an experienced lawyer you can trust. The Law Office of David T. Gilchrist is ready to help you face your case with confidence. We offer two locations and can even bring our services to you. Take control of your case and schedule a free initial consultation with us today!
• Shred all sensitive documents, both online and offline. While shredding physical bank statements and other sensitive documents can help prevent offline identity theft, it’s also important to “shred” sensitive files as well like PDFs of tax returns and bank statements should a hacker gain access to your PC. Typically, when you delete a file, it isn’t entirely gone; instead, that part of your storage is marked as available to be overwritten with new data. Unfortunately, this means that a savvy hacker could reconstruct the file even if it’s been deleted. Fortunately, antivirus suites like McAfee® Total Protection include file shredding capabilities, which effectively make deleted files unrecoverable, often up to military-grade deletion standards.
In some U.S. states and other jurisdictions, it is possible to grant a springing power of attorney; i.e., a power that takes effect only after the incapacity of the grantor or some other definite future act or circumstance.[10] After such incapacitation the power is identical to a durable power, but cannot be invoked before the incapacity. This power may be used to allow a spouse or family member to manage the grantor's affairs in case illness or injury makes the grantor unable to act.[17] If a springing power is used, the grantor should specify exactly how and when the power springs into effect. As the result of privacy legislation in the U.S., medical doctors will often not reveal information relating to capacity of the principal unless the power of attorney specifically authorizes them to do so.
The revocation must be in writing and may be done by a subsequent power of attorney. Notice should be served on the agent and any other party who might rely on the power. The notice should be served either by any form of mail that requires a signed receipt or by certain approved methods of personal delivery. Special rules exist for serving notice of revocation on banks and other financial institutions. Consult with a lawyer to be sure proper procedures are followed.
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.
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.
One of the major identity theft categories is tax identity theft. The most common method is to use a person's authentic name, address, and Social Security Number to file a tax return with false information, and have the resulting refund direct-deposited into a bank account controlled by the thief. The thief in this case can also try to get a job and then their employer will report the income of the real taxpayer, this then results in the taxpayer getting in trouble with the IRS.[23]
Founded in 1946 as the Dallas Estate Council, incorporated in 1975 as the Dallas Estate Planning Council, we are a non-profit professional association. The primary mission of the Dallas Estate Planning Council is to provide our members with the latest tools and techniques in estate planning. Our programs generally qualify for continuing education credit for attorneys, CPAs, insurance agents, CFPs and in the CTFA trust management program of the American Bankers Association. The Council strives to foster understanding of the proper relationship between the functions of the disciplines and to encourage co-operation of persons acting under those disciplines. This web site will provide our members with new services and opportunities to share resources and information not only with our own members but also with other estate planning councils throughout the country.
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.
Privacy researcher Pam Dixon, the founder of the World Privacy Forum,[16] coined the term medical identity theft and released the first major report about this issue in 2006. In the report, she defined the crime for the first time and made the plight of victims public. The report's definition of the crime is that medical identity theft occurs when someone seeks medical care under the identity of another person. Insurance theft is also very common, if a thief has your insurance information and or your insurance card, they can seek medical attention posing as yourself.[17] In addition to risks of financial harm common to all forms of identity theft, the thief's medical history may be added to the victim's medical records. Inaccurate information in the victim's records is difficult to correct and may affect future insurability or cause doctors relying on the misinformation to deliver inappropriate care. After the publication of the report, which contained a recommendation that consumers receive notifications of medical data breach incidents, California passed a law requiring this, and then finally HIPAA was expanded to also require medical breach notification when breaches affect 500 or more people.[18][19] Data collected and stored by hospitals and other organizations such as medical aid schemes is up to 10 times more valuable to cybercriminals than credit card information.
For a power of attorney to become a legally enforceable document, at a minimum it must be signed and dated by the principal.[7] Some jurisdictions also require that a power of attorney be witnessed, notarized, or both.[8] Even when not required, having the document reviewed and signed (and often stamped) by a notary public may increase the likelihood of withstanding a legal challenge.[9]
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.
