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).
Using a business’s name to obtain credit or even billing those businesses’ clients for products and services represents a big risk, particular to small business or sole proprietorships. Because new businesses sometimes need to overlap between business and personal, this type of fraud can impact budding entrepreneurs both personally and professionally. Worse, the perpetrators who commit business identity theft are often insiders — current or ex-employees — with direct access to operational documentation, who pad the books in favor of their scheming.
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the authority of the agent of certain individuals is automatically suspended until the petition is dismissed, withdrawn or otherwise acted upon.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.
Schemes to commit identity theft or fraud may also involve violations of other statutes such as identification fraud (18 U.S.C. § 1028), credit card fraud (18 U.S.C. § 1029), computer fraud (18 U.S.C. § 1030), mail fraud (18 U.S.C. § 1341), wire fraud (18 U.S.C. § 1343), or financial institution fraud (18 U.S.C. § 1344). Each of these federal offenses are felonies that carry substantial penalties –¬ in some cases, as high as 30 years' imprisonment, fines, and criminal forfeiture.
The Department of Justice prosecutes cases of identity theft and fraud under a variety of federal statutes. In the fall of 1998, for example, Congress passed the Identity Theft and Assumption Deterrence Act. This legislation created a new offense of identity theft, which prohibits "knowingly transfer[ring] or us[ing], without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law." 18 U.S.C. § 1028(a)(7). This offense, in most circumstances, carries a maximum term of 15 years' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense.
In some jurisdictions, a durable power of attorney can also be a "health care power of attorney." This particular affidavit gives the attorney-in-fact the authority to make health-care decisions for the grantor, up to and including terminating care and life support. The grantor can typically modify or restrict the powers of the agent to make end-of-life decisions.[14] In many jurisdictions a health care power of attorney is also referred to as a "health care proxy" and, as such, the two terms are sometimes used interchangeably.[8]
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.
Account Takeover fraud is becoming increasingly common, particularly as traditional credit card fraud has become less prevalent due to the widespread adoption of EMV chipped credit cards. In an account takeover situation, a thief would log into the victim’s existing accounts, often using stolen credentials, and then add themselves as an authorized user. For example, the thief could log into your bank and then request a new credit card under your existing account. In this scenario, traditional credit monitoring would be unable to alert to this activity, because the thief is technically using an existing line of (your) credit.
Account Takeover fraud is becoming increasingly common, particularly as traditional credit card fraud has become less prevalent due to the widespread adoption of EMV chipped credit cards. In an account takeover situation, a thief would log into the victim’s existing accounts, often using stolen credentials, and then add themselves as an authorized user. For example, the thief could log into your bank and then request a new credit card under your existing account. In this scenario, traditional credit monitoring would be unable to alert to this activity, because the thief is technically using an existing line of (your) credit.
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.
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…
Estate planning is an ongoing process and should be started as soon as an individual has any measurable asset base. As life progresses and goals shift, the estate plan should shift in line with new goals. Lack of adequate estate planning can cause undue financial burdens to loved ones (estate taxes can run as high as 40%), so at the very least a will should be set up—even if the taxable estate is not large.
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."
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