Assets that could make up an individual’s estate include houses, cars, stocks, artwork, life insurance, pensions, and debt. Individuals have various reasons for planning an estate, such as preserving family wealth, providing for a surviving spouse and children, funding children's or grandchildren’s education, or leaving their legacy behind to a charitable cause.
The power of attorney is effective as soon as the principal signs it. However, a durable power of attorney executed before Oct. 1, 2011, that is contingent on the incapacity of the principal (sometimes called a “springing” power) remains valid but is not effective until the principal’s incapacity has been certified by a physician. Springing powers of attorney may not have been created after Sept. 30, 2011.
Related to the health care power of attorney is a separate document known as an advance health care directive, also called a "living will". A living will is a written statement of a person's health care and medical wishes but does not appoint another person to make health care decisions. Depending upon the jurisdiction, a health care power of attorney may or may not appear with an advance health care directive in a single, physical document. For example, the California legislature has adopted a standard power of attorney for health care and advance health care directive form that meets all of that state's legal wording requirements for a power of attorney and advance health care directive in a single document.[15] Compare this to New York State, which enacted a Health Care Proxy law that requires a separate document be prepared appointing one as your health care agent.[16]
An agent is someone who carries out the wishes stated in your Living Will or Power of Attorney. A good candidate for an agent could be a family member or a close friend. A daughter or son, for example, would be a good choice, as they are expected to outlive your life. An agent cannot be your physician or anyone that directly administers health care to you. As your agent, this person must follow the instructions set out in your document and can also make judgment decisions when uncertain situations arise.
In Canada, Privacy Act (federal legislation) covers only federal government, agencies and crown corporations. Each province and territory has its own privacy law and privacy commissioners to limit the storage and use of personal data. For the private sector, the purpose of the Personal Information Protection and Electronic Documents Act ( 2000, c. 5 ) (known as PIPEDA) is to establish rules to govern the collection, use and disclosure of personal information; except for the provinces of Quebec, Ontario, Alberta and British Columbia where provincial laws have been deemed substantially similar.
General powers of attorney are used to allow someone to act for you in a wide variety of matters. For example, general powers of attorney are often used in business dealings to allow an employee to enter into contracts, sell property, spend money, and take other actions on behalf of their client. You may wish to create a general power of attorney if you are still capable of managing your own affairs but would like to have someone else take care of them for you.
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.)
In March 2014, after it was learned two passengers with stolen passports were on board Malaysia Airlines Flight 370 which went missing on 8 March 2014, it came to light that Interpol maintains a database of 40 million lost and stolen travel documents from 157 countries which it makes available to governments and the public, including airlines and hotels. The Stolen and Lost Travel Documents (SLTD) database however is little used. Big News Network which is based in the UAE, observed that Interpol Secretary General Ronald K. Noble told a forum in Abu Dhabi the previous month this was the case. "The bad news is that, despite being incredibly cost effective and deployable to virtually anywhere in the world, only a handful of countries are systematically using SLTD to screen travelers. The result is a major gap in our global security apparatus that is left vulnerable to exploitation by criminals and terrorists," Noble is quoted as saying.[42]
There are several very low costs, or even free, online services available to draft documents commonly used during estate planning, such as wills, trust, durable powers of attorney and healthcare proxies. These online services, as presented, seem to be a very good alternative for most people. So, are the benefits of using an estate planning advisor is not worth the expense?
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]
In a widely publicized account,[79] Michelle Brown, a victim of identity fraud, testified before a U.S. Senate Committee Hearing on Identity Theft. Ms. Brown testified that: "over a year and a half from January 1998 through July 1999, one individual impersonated me to procure over $50,000 in goods and services. Not only did she damage my credit, but she escalated her crimes to a level that I never truly expected: she engaged in drug trafficking. The crime resulted in my erroneous arrest record, a warrant out for my arrest, and eventually, a prison record when she was booked under my name as an inmate in the Chicago Federal Prison."
"The best people to turn to are those who have seen many iterations of living wills and have seen what works and what doesn't work. In other words, estate planners and doctors are in the best position to help you think through your choices and to understand how those choices could play out in real life," says Kimberly Hanlon, an attorney for Lucēre Legal LLC, a small business and estate law firm in Minneapolis.
Philippines, which ranks eighth in the numbers of users of Facebook and other social networking sites such as Twitter, Multiply and Tumblr, has been known as source of various identity theft problems.[46] Identities of those people who carelessly put personal information on their profiles can easily be stolen just by simple browsing. There are people who meet online, get to know each other through the free Facebook chat and exchange of messages that then leads to sharing of private information. Others get romantically involved with their online friends that they tend to give too much information such as their social security number, bank account and even personal basic information such as home address and company address.
You'll fill out a form, which you can acquire from an estate attorney or a hospital. You can also download it online, but you'll have to get it notarized, and attorneys and legal websites such as the U.S. Living Will Registry caution that living will forms on the internet may be outdated. State laws change often, so you'll want to make sure the living will form you're filling out is current. You can do this on your own, but it's also a wise idea to consult a professional.
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]
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