Determine if a special power of attorney is sufficient. A special power of attorney gives your agent authority only to handle a specified business transaction or set of transactions. For instance, you might grant a special power of attorney to your agent to simply sign a particular contract on your behalf. It also may contain specific dates in which the power of attorney is to be in effect. Once those dates have expired or the specified transaction is complete, a special power of attorney document is no longer valid.
The relevant legislation is the Powers of Attorney Act 1996 and the Enduring Powers of Attorney Regulations 1996 (SI No. 196/1996) as amended by SI No. 287/1996.[21] Part 7 of the Assisted Decision-Making (Capacity) Act 2015 provides for new arrangements for those who wish to make an Enduring Power of Attorney and once the 2015 Act is brought into force, no new powers of attorney will be created under the 1996 Act.[21]
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.
If no less restrictive appropriate alternative is available, then a guardian may be appointed by the court for a person who no longer can care for his or her person or property. A person who has a guardian appointed by the court may not be able to lawfully execute a power of attorney. If an agent discovers that a guardian was appointed before the date the principal signed the power of attorney, the agent should advise a lawyer. If a guardianship court proceeding is begun after the power of attorney was signed by the principal, the authority of the agent of certain individuals is automatically suspended until the petition is dismissed, withdrawn or otherwise acted upon. The law requires that an agent receive notice of the guardianship proceeding. A power to make health care decisions, however, is not suspended unless the court specifically suspends this power. If the agent learns that guardianship or incapacity proceedings have been initiated, the agent should immediately consult with a lawyer.
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.
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.
Sweden has had relatively few problems with identity theft. This is because only Swedish identity documents have been accepted for identity verification. Stolen documents are traceable by banks and some other institutions. The banks have the duty to check the identity of people withdrawing money or getting loans. If a bank gives money to someone using an identity document reported as stolen, the bank must take the loss. Since 2008, any EU passport is valid in Sweden for identity check, and Swedish passports are valid all over the EU. This makes it harder to detect stolen documents, but still banks in Sweden must ensure that stolen documents are not accepted.
Typically while on life support, you need extra measures to keep you alive. If there are certain life-sustaining treatments you prefer not to undergo, initial and check accordingly. In our example, Greg Smith does not wish to have ventilation treatment while on life support. Warning: Selecting to withdraw from life-sustaining treatment can lead to death, choose carefully.
The Texas limited power of attorney form is used to handle specific financial responsibilities on behalf of someone else. The representation allowed by the principal must be explicitly stated in the power of attorney and the third (3rd) party presented with this form (the attorney-in-fact) must clearly understand the principal’s intentions. Most commonly, the form becomes void upon the completion of the stated actions, at a predetermined…
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.
If a court proceeding to determine the principal’s incapacity has been filed or if someone is seeking to appoint a guardian for the principal, the power of attorney is automatically suspended for certain agents, and those agents must not continue to act. The power to make health care decisions, however, is not suspended unless the court specifically suspends this power.
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.
Power of attorney is a legal document that allows an individual (known as the “Principal”) to select someone else (“Agent” or “Attorney-in-Fact”) to handle their business affairs, medical responsibilities, or any decision that requires someone else to take over an activity based on the Principal’s best interest and intentions. The form is required (depending on the State) to be signed in the presence of a Notary Public or Witness(es).
Criminal identity theft can create a myriad of headaches for the victim after the fact. Though a less common from of fraud, a thief could get caught for a traffic violation or a misdemeanor and sign the citation with your name. Then you get stuck paying those annoying fees and fines. If a thief uses your name when getting arrested for a crime, you could end up with a criminal record, which could affect your ability to get a job or buy/rent property. Another case is when the thief commits a crime using your identity, and then a warrant is issued for your arrest. But instead of looking for the criminal, they are looking for you—you could have a warrant out for your arrest and not even know it!
If you’re helping someone with their estate planning (or doing your own), don’t overlook a living will. It can give invaluable guidance to family members and healthcare professionals if a person can’t express his or her wishes. Without a document expressing those wishes, family members and doctors are left to guess what a seriously ill person would prefer in terms of treatment. They may end up in painful disputes, which occasionally make it all the way to a courtroom.
In the United Kingdom, the Home Office reported that identity fraud costs the UK economy £1.2 billion annually[81] (experts believe that the real figure could be much higher)[82] although privacy groups object to the validity of these numbers, arguing that they are being used by the government to push for introduction of national ID cards. Confusion over exactly what constitutes identity theft has led to claims that statistics may be exaggerated.[83] An extensively reported[84][85] study from Microsoft Research[86] in 2011 finds that estimates of identity theft losses contain enormous exaggerations, writing that surveys "are so compromised and biased that no faith whatever can be placed in their findings."
The Texas Power Of Attorney Form allows another appointed person, also referred to as the`Agent`, to make decisions over a patient`s health care treatment should they become so ill that they are no longer able to do so. This authority can be out right or can be limited by the principal to any lesser or greater extent they wish. The document requires either a notary or two witnesses. The document is in accordance with statutes §166.001 to -.166 in the state of Texas.
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.
Includes: Last Will and Testament*, Durable Power of Attorney, Medical Power of Attorney, HIPAA Authorization, Living Will or Directive to Physicians, Appointment of Guardian (if necessary), Beneficiary Designation Instructions, detailed instructions on how to sign your documents in compliance with the Texas Statutes, and a periodic “peace of mind” review.
