Aging, Communication, and Preparation

Making plans for retirement is clearly one of the highlights of your life. From the time you get out of college and enter the workforce most of your time is accounted for, and over those years there are invariably going to be many experiences that make their way onto your "to-do" list. The day that you retire is the day that you start to check things off that list, and your life experience in enriched with every mark.

We often talk about the fact that one of the challenges that is inherently part of any type of long-term planning is the fact that you can't predict the future with any degree of certainty. This is true of financial markets, laws, our own health and that of our loved ones. All of these things impact retirement planning, but there is another factor that can be difficult to fully digest.

Your mental capacity may not be the same as your retirement years pass. When you are planning for retirement it is very important to be realistic and keep this in mind. What happens if you need long-term care? What if you never made your medical preferences known via the execution of advance health care directives? You don't want to start considering these matters for the first time when you are in the latter stages of your life.

It may be a good idea to plan for your twilight years simultaneous to making plans for an active retirement both emotionally and financially. Bringing the issues of long-term care and possible incapacitation out in the open with your family long before they are directly relevant is also something to consider. Successful people generally confront reality and stay ahead of the curve. If you follow the same path that brought you success throughout your life you will invariably age just as successfully.

Article Source: http://EzineArticles.com/?expert=Alan_Augulis

Article Source: http://EzineArticles.com/5654284

California DUI Expungement - Expunge Your Record and Move on With Your Life

Having a DUI arrest or conviction record can tarnish your reputation and make it difficult for you to get a job, loan, college, military etc. Fortunately, California State allows you to expunge your DUI record thereby, helping you to leave behind your past crimes and move on with your life. However to obtain DUI expungement in California you must meet certain requirements. Also, your expungement is not guaranteed even after it's ordered.

Can your case be expunged?

Under California law, your case can be expunged if you meet the following requirements:

1. if you fulfilled the conditions of probation.

2. if you are not presently serving a sentence or on probation for any other crime.

3. if you are not presently charged for any other crime.

Also other factors are considered before granting an expungement such as whether you are a minor or an adult at the time of your conviction, whether you are charged for misdemeanor or felony, and whether or not you were sentenced to a state prison. If you meet such requirements your case will be expunged.

What happens when the expungement is granted?

Under California law, expunging means withdrawal of plea of guilty or no contest and entering a plea of not guilty or setting aside the judgment if you are found guilty in the trial. Once granted, you are thereafter, relieved from all the consequences resulting from a DUI violation, though with some exceptions.

Your life after expunging DUI record:

Job Applications:

As per the California law, when applying for a private job you can firmly answer "no" to the question "have you ever been convicted of a crime?" in the application form. Also, your DUI record will not show up when conducting a background check.

But expungement does not serve its purpose when you apply for a government job. Your DUI convictions will be revealed as expunged. It's not very helpful though. Also, your expunged records are seen as a prior conviction, meaning, it can be used for enhancing the penalties of your future DUI conviction in case you commit any.

Article Source: http://EzineArticles.com/?expert=Jennifer_Mann

Article Source: http://EzineArticles.com/4787369

Estate Planning : When Does the Trust Stay Private?

Often revocable living trusts can help heirs avoid probate court, and affairs can remain private. Find out when a trust stays private from an estate planning and probate lawyer in this free video on estate law.

Different Types of Power of Attorney

Although power of attorney is essentially handing control of your affairs over to another person, there are different uses of the position which vary depending on the situation. These largely depend on the reason behind power of attorney being transferred from the 'principal', the individual who wishes to relinquish control of their affairs, and the 'attorney-at-fact', the person who takes control of the principal's business and legal dealings.

Non-Durable POA

Non-durable power of attorney is used for short-term transactions, which for whatever reason the principal cannot handle themselves. Any such power of attorney that is non-durable has an expiration, primarily when the principal becomes incapacitated for some reason and is no longer able to give permission for the power of attorney to continue, nor can they revoke it. Usually, non durable power of attorney is limited to a specific time frame, in which any particular deal that is needed to be completed is given time to be dealt with. When this particular instance is complete, power returns to the principal.

Non-durable POA is effective immediately.

Durable POA

This type of power of attorney is similar to non-durable power of attorney, only it continues in the event that the principal becomes incapacitated or mentally ill. All powers of attorney come to an end when the principal dies, but durable power of attorney continues right up to that point. Power of attorney that is durable is often used in terminally ill cases, where the principal asks their attorney-at-fact to allow any lifesaving equipment to be removed or authorize a Do Not Resuscitate

Durable POA is effective immediately.

Springing POA

Springing power of attorney is used in cases where the principal cannot actively give permission, either verbally or in writing, for someone to act as their attorney-at-fact. To obtain springing power of attorney, a doctor must certify that the principal is incapable of thinking for themselves and an attorney-in-fact is required. Springing power of attorney is used predominantly in cases of sudden deterioration of health, such as deterioration of a mental illness or a serious accident.

These are the three main types of power of attorney, governing time and how the power is assigned. However, power of attorney does not have to be granted for all of the principal's affairs - it can sometimes only apply to one aspect, such as financial. The differences are as follows:

Special or Limited POA

Predominantly used with non-durable power of attorney, special or limited power of attorney is used for specific cases. It often just applies to financial dealings or a specific property sale, and though an attorney-in-fact is appointed, they have no control over any aspect of the principal's life apart from the sector they are charged with.

Any other type of POA is called General Attorney, which applies to all affairs and dealings of the principal.

Health Care POA

This is a specific power of attorney that is used for those who are terminally or mentally ill, and gives the attorney-in-fact power over medical decisions but nothing more. It is similar to special attorney, though is specifically used for medicinal purposes.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

Article Source: http://EzineArticles.com/?expert=Melissa_M_Gordon

Article Source: http://EzineArticles.com/2291382

Estate Planning Tools: Durable Power Of Attorney - Seven Factors To Consider

If something happens while you are alive, that makes it impossible for you to handle your financial affairs, sign legal documents or communicate your wishes to others, you could have trouble in many ways. Without a properly executed Power of Attorney, your family may need to get a court order just to handle your affairs. These can cost plenty and waste months of time.

Even though a power of attorney is a relatively simple document and is readily available from many sources, I am still amazed at how many families and individuals do not have one in force. Follow these simple guidelines and make sure that you are protected should anything ever happen that would cause you to need one.

Seven Factors To Consider:

1. Your Agents: One of the most important decisions with a power of attorney is your selection of agents. Will you use a single agent or appoint co-agents? Who will be your successor agent(s) if someone is unable or unwilling to fulfill their duties? These are the questions you need to answer before you are ready. Your agent(s) should be organized, good with numbers and possess great common sense.

2. Access Medical Records: Will you allow your agents to have access to your medical records? They may need this information to keep track of, or to dispute medical bills. But if you want or do not want them to have access to this information, you will need to specify inside your power of attorney.

3. General or Specific Powers: Will your power of attorney provide your agent with broad general powers or very specific powers? You can decide on either, but the more specific you get, the more limited the powers your agent will be allowed. Most people will choose to provide a general power that will include handling most financial, business and personal matters.

4. Beneficiary Changes: You can empower your agents with the ability to change your beneficiaries if you would like, but this can be a risky proposition. In most instances, you will not allow for this provision. You can also provide for the power to refuse potential inheritances. I think this can be helpful in situations where, if someone passes and is leaving you an inheritance, but you refuse it (or are deceased), it would go directly to your children instead.

5. Effective Dates: When will your power of attorney take effect? When will it terminate? You can have it take effect immediately upon execution, you can have it take effect upon the certification of some medical condition or you can specify a certain time period. You might use this if you were going to be out of the country for 3 months or in a rehabilitation program for certain length of time. All powers of attorney terminate immediately upon the death of the individual, but you can set other dates or events as previously outlined.

6. Hire Professionals: Will your agent have the power to hire professionals such as accountants, financial advisers, lawyers, etc? If you want them to be able to handle these on your behalf, you have to specifically allow them by including this power within your document. If not, you may want to specify who you are already working with and require their services if needed.

7. Receive Compensation: Will your agent be allowed to receive reasonable compensation for time and efforts spent acting as your agent? Will they also be allowed to receive reimbursement for any expenses that they incur while acting on your behalf? In most cases you should allow both of these. Taking care of someone's affairs can be time-consuming and there should be reasonable remuneration for these services. While you can specify either way, your agents may be unwilling to participate without it and this could cause bigger problem down the road.

Summary: Having a power of attorney drafted is a fairly simple and inexpensive process. You can hire an attorney, use online legal services or purchase a legal software package to assist you with the preparation. It is very important to follow the execution and filing recommendations for your state and county. Having proper witnesses and notarization of all signatures is a great safeguard for any legal documents, so make sure to get them done right.

Article Source: http://EzineArticles.com/?expert=Keith_Maderer

Article Source: http://EzineArticles.com/6320682

By The People FAQs

• Are BY THE PEOPLE Personnel attorneys? No, we are not attorneys. We are Legal Document Assistants. In California, we are a licensed and bonded profession.

• What if I need legal advise? You can always consult with an attorney of your choice. We can provide you with a referral for an excellent local attorney who specializes in cases similar to yours if you have questions we cannot answer for you, or your situation is more complicated than our services are meant to help with.

• Do you have a Notary Public? Yes, whenever we are open we have a Notary Public on staff. If you are a BY THE PEOPLE customer, all Notarizations of your documents are included in our fees. If you have documents not prepared by BY THE PEOPLE, we charge $10.00 per signature you need notarized, in Cash Only. You must sign the document in our presence and provide valid photo identification.

• Does BY THE PEOPLE handle Criminal Matters? No, we only handle uncontested civil matters. However, if you would like to contact us, we may be able to refer an excellent local attorney to you.

• I need to have my documents prepared immediately. Do you have Rush or Same-Day document preparation services? Yes, we can prepare certain documents within a few hours, if necessary. Rush and Same-Day services are available for the following documents: Wills, Powers of Attorney, Health Care Directives, Deeds, LLC and Incorporation Articles. A modest Rush Fees will apply to these services.

• How long will it take to prepare my documents? The documents we prepare at BY THE PEOPLE are typed specifically at your direction. All documents are then rigorously proofed to ensure you receive the highest quality legal documents available anywhere. Most of our documents are prepared and ready for you to sign within one week, depending on your situation. 

For more information please visit http://bythepeopleca.com/

The Advantages of an Uncontested Divorce

Many states these days give couples the ability to go through a simple uncontested divorce. In fact, this is the way most couples do divorce. It's relatively simple and inexpensive, and it preserves both parties' dignity and privacy.

Divorce is expensive no matter how you slice it, but if you do need to get a divorce, an uncontested divorce will let you save yourself time and money, and as much heartache as possible. This situation is difficult enough, and you don't have to make it more difficult to making the divorce itself contentious unless it's absolutely necessary to do so.

If there are particularly contentious issues in your marriage still to be resolved (such as child custody), then an uncontested divorce may not be the way to go, since of course you'll need to make sure your rights and those of your children are taken care of. In fact, in some states, if there are children involved, an uncontested divorce may not even be an option for you.

However, if you and your soon-to-be ex-spouse are on relatively good terms and simply need not to be married anymore, and if issues such as child custody are already worked out between you, then an uncontested divorce is going to be easier for everyone. Yes, the process of getting divorced is still painful, but an uncontested divorce makes it as simple a process as possible, too.

Privacy is also an issue with divorce. The disclosures you make to each other don't have to be a matter of public record unless you each want them to be if the divorce is uncontested. The agreement you make will have to be a matter of public record, but only that. By contrast, contested divorce is likely to have every single little nuance of the divorce a matter of public record simply because spouses in a major battle with each other make such things a matter of public record. So if you want to protect your privacy, work out the details of the divorce between you and simply make the final agreements a matter of public record, not every little discussion you to have had as well. This is easier on your children, too.

If you think you can't negotiate an uncontested divorce with your spouse, that's fine. Perhaps you can't. However, make sure that your spouse and you are both aware of the problems an uncontested divorce can help you avoid. It may very well be that simply faced with the differences in navigating through a contested divorce versus an uncontested one will convince the spouse who doesn't want the uncontested divorce to go through with it.

Now, it should be noted that you don't have to agree as to why the divorce is happening to make it uncontested. You only have to agree on the terms of the divorce to make an uncontested divorce possible. Therefore, at first blush, it may certainly be true that you think you cannot manage an uncontested divorce. However, after a bit of time has gone by and tempers have cooled, you may think that having an uncontested divorce is best for you after all. Think about it, think about the cost both financially and to your children, and then decide whether or not an uncontested divorce is your best bet.

Article Source: http://EzineArticles.com/expert/Jon_Arnold/41272

Article Source: http://EzineArticles.com/1462471

Probate Court Will Appoint a Personal Representative to the Estate

The probate court will appoint a person to represent the decedent and to administer the decedent's estate; this is called a personal representative. This person has a variety of names in the absence of statue to the contrary depending on various circumstances. This being, if the decedent died testate and designed such a person in his will. The court usually will appoint that person the executor (man) or executrix (woman).

If the will does not so designate any such person or the person so designated is unavailable or is unqualified to be the personal representative; the court will appoint someone else as the appointed one is called the administrator. If the personal representative cannot complete the duties, the court will appoint a new personal representative.

The responsibilities of the personal representative is to administer the decedent's estate. This is in accordance with the legal directions as expressed by the testator in the will. All is within accordance with the statute of descent and distribution with respect to an intestate estate.

This involves the collection do to the decedent's property which forms the decedent's estate. Payment of claims against the estate is distribution of the remaining property. Directions are provided in the will or pursuant to the statute on descent.

The personal representative must post a bond to assure that he one she properly carries out their responsibility, unless the will expressly waives the requirement of a bond. If you'll simply file a Living Will, then your family will not have to go through probate court system. This is if you have a small estate however, if it's a large estate then you'll probably have to go through probate.

Article Source: http://EzineArticles.com/expert/Gary_W._Cooper/193445

Article Source: http://EzineArticles.com/4933146

How Do I Set Up an LLC Without a Lawyer?

Limited Liability Companies (LLC) are business entities that got their start in 1977 and are considered to fit somewhere between sole proprietors/partnerships, and fully incorporated companies. Existing to fill the gap between corporations and sole proprietors LLCs can help to segment personal and business assets and liabilities while at the same time maintaining a simplified tax structure. An LLC is not corporations but is a company structure to operate like a corporation.

Liability

An LLC is in itself its own legal entity so long as it is treated as one. The LLC can assume obligations of debt. In other words the LLC, not the members, hold a loan and the liabilities that go along with it. If however the members of an LLC use the entity as their personal bank or for personal matters it is possible that the LLC will not be recognized as a separate entity if a lawsuit is filed.

Taxes

As far as taxes go LLCs are considered by the IRS as pass-through entities. This means income passes through the business and goes straight to the LLC members just as they would with a sole proprietorship or partnership. These profits or losses are filed on each individual's tax return. A caveat to this is that LLCs can be taxed as a corporation if the members elect to do so. So, if treated appropriately an LLC can shield its members from the liabilities of a corporation without assuming the tax overhead a true incorporation must maintain.

How to File

If you are thinking about forming an LLC for your business, spend the next 20 minutes educating yourself on the difference between Sole proprietorships, LLCs, and S corporations. My guess is that for most people starting out as a sole proprietorship will be sufficient for current needs and much cheaper than filing for an LLC.

If you have done your homework and have decided that an LLC is the way to go, what next? The steps to filing an LLC are not complex and although requirements vary from state to state, setting up an LLC is a simple process that can usually be done in an hour.

1. Articles of Organization
   
   The first step is to contact your secretary of state and obtain the required form for filing a LLC. In some cases this will be a simple fill in the blank form. The state of Washington for example has an online application. The processes guides you through establishing a legal name, completing the certificate of formation, establishing the registered agent, defining the members, and guides you through the initial annual report. The fee for WA is roughly $200.00, additional costs may apply depending on how you file. Google your secretary of state to find out more of the specifics.


2. Registered Agent
   
   As you fill out your articles of organization you will be required to define the registered agent for the LLC. In most cases this will be you. The registered agent is the person or business that is designated to receive important documents on behalf of the LLC. The most appropriate individual for this is generally the one spear heading the business.


3. Operating Agreement
   
   The operating agreement is the internal agreement between the members of the LLC. It is not required to form the LLC but it should be drafted to state the rights and responsibilities of the members. The operating agreement should contain but is not limited to the following;
   
   
   • Capital Contributions. How are the members expected to make capital contributions if the business needs additional capital?
   • Management Decisions.When the members are faced with important management decisions, does each get one vote, or do they vote according to their percentage interests in the LLC? Majority shareholders may feel they deserve a larger say.
   • Financial Withdraws. How do owners go about draws from the profits of the business?
   • Buy Out/Cash out. How do members leave the LLC? Will they receive an immediate payout of their capital contributions?
   • Compensation. If a member does leave how much should they be paid?
   • Share. While there are not actual shares within a LLC it should be defined how or if a departing owner is allowed to sell an interest to an outsider?

Publish a Notice

Some states require a notice of intent to be published. This can be as simple as running a classified ad in your local paper. Specifics on this will vary and your secretary of state can provide you with the steps required.

Licensing

The last bit to think about is obtaining other appropriate insurance, permits, and licenses for your new LLC. Each industry had its own unique set of requirements so be mindful of this once your business is established.

Conclusion

LLCs are considered by many to be a great way to establish a small business. There is little required to get one started and protection they provide could be priceless. That said an LLC may not be needed for everyone. Only you know the entity type most appropriate for your business.

Article Source: http://EzineArticles.com/expert/TJ_Mollahan/289985

Article Source: http://EzineArticles.com/6550967

Advance Medical Directive: The Basics

Advance medical directives are legal documents designed to outline a person's wishes and preferences in regard to medical treatments, interventions and other health care related issues. Policies may vary from state to state, but regardless of location, advance directives should always be included with each individual's personal medical records.

Advanced directives typically fall into three categories:

• Do Not Resuscitate Order: This legal document, also known as DNR, is extremely valuable for determining end-of-life issues. A DNR order, however, is not legal until signed by the patient, a witness and a physician. It should also be dated correctly and clearly state whether the patient wants to be resuscitated or not if their heart stops beating.


• Living Will: This written document stipulates what kinds of medical treatment the patient recommends should they become incapacitated. It can be either general or very specific depending on the person and how adamant they are about their end-of-life care issues. The usual items outlined in a living will include: whether they wish to be on life support, receive tube feedings, length of time (if any) that they will stay on breathing machines, the individual that will make decisions on their behalf, etc.


• Durable Power of Attorney: This type of advance directive allows an individual the opportunity to designate someone, or a number of individuals, to act on their behalf for specific affairs. A durable power of attorney, or DPOA, has the ability to make bank transactions, sign social security checks, apply for disability, or even write checks to pay utility bills while an individual is medically incapacitated. Once the document is signed, the DPOA has legal priority even over next of kin.

When Should a Directive be Created?

You will see an advanced medical directive used for several different situations-such as when someone is having a major surgery, diagnosed with a life-threatening illness or is even becoming a single parent. Advance medical directives are extremely beneficial if an individual is unable to make his or her own medical decisions. Whatever the reason, all advance medical directives should be signed by an attorney and be notarized.

How to Obtain an Advance Medical Directive

Luckily, there are many ways that someone can obtain an advance medical directive. Many companies have booklets available, social workers and nurses usually have them on hand, and hospitals and attorneys also have copies of directives. It is worth the effort to ask for an advance medical directive as it will be invaluable during a medical dilemma.

By having previously documented personal wishes and preferences, the burden of making tough decisions for family's and physicians' is lessened. Not to mention, the patient's autonomy and dignity will more likely be preserved by following their own choices regardless of mental or physical capacity.

Article Source: http://EzineArticles.com/?expert=Roger_Brent_Hatcher

Article Source: http://EzineArticles.com/6892614

What Is Estate Planning and Is It Useful?

Estate planning creates a plan for distribution of your assets after you die. Most of us are familiar with a common product of estate planning: the will. Featured in TV shows and in everyday conversations, sometimes, the discussion surrounding this popular topic is not favorable.

We've seen people contesting wills, challenging their family members, feeling cheated by the administrators of wills and by the law and we've seen them arguing through lawyers about what wills mean how they should be executed. Other forms of estate planning exist to reduce the amount of conflict surrounding decisions.

Health care decisions can be included in estate planning; a health care proxy exists so that a chosen person can act out the desires of an incapacitated person still under medical care.

When it comes to the distribution of their wealth and medical decisions, multiple measures exist to enable the dead and the severely injured a means of executing their own desires. However, even in the case where no formal plans are made, heirs do receive some forethought in terms of the law.

The law of intestacy communicates that even if no measures are taken to distribute assets by a deceased party, those assets will still go to the deceased person's heirs. The law of intestacy has the most staying power in situations where it is least likely to be challenged by those wanting more. For insurance, according to Attorney Sean W. Scott of Virtual Law Office, this law works with a small number of assets and a with a small number of heirs.

In each of these cases, one can imagine there would be less conflict involved. With less to fight over, less fights can ensue. The same is likely true with less beneficiaries; as heirs likely know one another well when smaller in number, less family tension can arise. Less instances of certain heirs feeling more worthy than others to certain possessions may exist. The likelihood that an individual or set of siblings would usurp others' belongings may be reduced. And general confusion arising from miscommunication and a lack of cemented durable relationships may possibly decrease with a smaller set of heirs. None of these suggestions are set in stone, yet corresponding data would be a more than interesting dinner topic.

Scott emphasizes the financial advantages of estate planning, sharing that taking certain precautions can save money for heirs receiving portions of estates. As lawyers stay on the job, working to settle issues between family members or between the state and family members, their tabs continue running. Evaluating the multiple options may familiarize you with the best decisions for your situation, reducing stress and increasing savings for your loved ones after you pass.

Article Source: http://EzineArticles.com/?expert=Al_Tinas

Article Source: http://EzineArticles.com/8692785

Easily Misused Estate Planning Terms

Wills and Living Wills

Wills and Living Wills are key parts of any good estate plan. However, though the two sound similar they serve very different purposes. A Living Will states your choices for the kind of medical care you want to receive if you become sick or injured and are unable to talk. A Last Will and Testament, often referred to as just a Will, deals with your property and how you want it distributed if you should die. Therefore, a will is only effective after you die and a living will is only effective before you die and when you incapacitated.

Advance Directive vs Advanced Directive

A Living Will is a type of advance directive. All advance directives are documents a person creates that state what his or her choices are in the event he or she becomes incapacitated or otherwise unable to communicate with other people. Advance directives, such as Living Wills or health care powers of attorney, typically address financial or medical situations and can state specific choices as well as nominate someone else to make decisions on the incapacitated person's behalf.

These documents are referred to as "advance" directives because you make them in advance or in preparation for the possibility that you become incapacitated. Some people mistakenly use the term "advanced" directive, implying that the documents are somehow more complicated or important than others. This is not true, and anyone can make advance directives fairly easily as long as they ensure the documents comply with state law.

Probate Estate vs Trust Estate vs Taxable Estate

An estate is a general term used to describe an area or amount of property. It is sometimes used when referring to assets that are part of the probate estate at someone's death, or assets that are not payable to another person at the owner's death or not part of a trust estate. If an asset is part of a trust estate, then generally the asset will not be part of the probate estate. Further, when considering the taxable estate of an individual for estate tax purposes the IRS will consider the gross estate of the decedent to include the value at the time of his death of all property, real or personal, tangible or intangible, wherever situated. If property is part of a trust estate, it may or may not be part of the gross estate for federal estate tax purposes depending on certain facts about the trust.

Medicare vs Medicaid

Medicare is a federal program attached to Social Security. It is available to all U.S. citizens 65 years of age or older and it also covers people with certain disabilities. It is available regardless of income.
Medicaid is a joint federal and state program that helps low-income individuals and families pay for the costs associated with medical and long-term custodial care. Unlike Medicare, Medicaid has strict eligibility requirements.

Article Source: http://EzineArticles.com/?expert=John_Vermillion

Article Source: http://EzineArticles.com/7235340

What Is Probate in Relation to a Will?

A will is a legal document that outlines what one would want to happen after their death in terms of their funeral, care for their children and most important of all, distribution of their estate. When a person dies having drafted their will, they are said to have died testate in legal terms. The opposite of this would be dying intestate. A will usually specifically states the name of an executor, a person entrusted by the testator or testatrix with the task of executing the will after their death. An executor could be a close family member, a relative, trusted friend or even an attorney. An executor is usually referred to as a 'representative of the estate in probate' in a will in order to cover executors of both gender.

A will is very important because it makes things a lot easier for the family of a deceased person especially when it comes to estate distribution issues. A will reduces the possibility of disagreement or misunderstanding between family members when trying to figure out the deceased's death wishes. Administering a will is however not as easy as it may sound. This is because the law requires wills to be validated by a court which could take a couple of months to do. Validation of a will is done by the executor by applying for a Grant of Probate in a probate court.

Probate is the legal process of identifying, validating and distributing the estate of a deceased person under strict court supervision. The probate process includes payment of outstanding debts to creditors and payment of outstanding taxes such as death and inheritance tax. A probate court is a special court that interprets the will and validates any claims on the estate made by third parties such as the creditors of the deceased. The court oversees the probate process right from when the executor files for a grant of probate, up to when it is granted and ownership of the estate is transferred to the beneficiaries.

For the executor of a will to be granted probate, they will have to first present to the probate court registry, the deceased's will and a solicitor approved oath. The oath shows that the executor is committed to administering the wishes stated by the deceased in the will. The executor named in the will is usually not recognized by the law until the probate court officially appoints them as the representative of the estate in probate.

If a will was properly drafted, it takes the court a shorter time to grant probate. Incase the beneficiaries are not completely satisfied with the court's decision, probate law allows them to contest the validity of the will in the same court. In such a case the estate remains frozen until the court makes a validity judgment. In the event of intestate death, or if there is no executor is named in a will, the grant of probate is referred to as a 'Letter of Administration'. It is also acquired through a court process and is issued to the person that the court deems fittest to execute the will or distribute the estate.

Article Source: http://EzineArticles.com/expert/BJ_Richardson/2252681

Article Source: http://EzineArticles.com/9326024

Advance Directives - "The Living Will" and Other Issues

Advance directives are legal documents prepared in advance to accomplish a task at a later date. These documents can be instructions or permission granted for a specific usage such as life support or even financial issues. There are two types of advance directives. A durable power of attorney for health care allows you to name a (patient advocate) to make decisions on your behalf. A living will allows you to state your wishes in writing, but does not specifically name a person to assume the role of advocate. Regardless of which one is used, the court system can still intervene and make an overriding decision if situations arise.

Most people who choose to prepare advance directives do so to remove any doubt of their wishes in the event of a situation where they may be deemed unable to make decisions.
Considerations of the advance directive would be who you would want to assume the responsibility for decision making. Important decisions could be about ventilators (and other life extending machines) resuscitation, surgery, feedings (tube, food and water) and prescription drugs.

A Durable Power of Attorney for HealthCare is a legal document that allows you to name another adult (18 or over) to make your health decisions for you. Most people choose a family member but often a trusted advisor is selected. If end of life issues are in play, you may instruct your appointee to refuse any and all treatment and let you die. You would state this in writing that the person you select has the power to make that decision. The durable power of attorney only goes into effect once you are unable to make any decision yourself.

The power of attorney and the living will are both reversible. At anytime you may change your mind both as to treatments and who is the appointee. The only real component of either of these agreements is that at the time you execute the agreements you are considered a competent adult. This means that you are capable of making the choice of your own free will and without outside influence.

It is always best to seek legal advice when considering important decisions. Numerous sources exist to provide you with basic information about how these agreements work and how they may affect you and your heirs.

Article Source: http://EzineArticles.com/?expert=Bill_Broich

Article Source: http://EzineArticles.com/930677

LLC Or Corporation - Which is Best For My Business?

Both the LLC and corporation are legal entities that provide liability protection for their owners. While the corporation has been around longer, the limited liability company was created to offer the same level of protection. However, an LLC is designed specifically to cater toward the small business owner. It offers the same liability protection as a corporation but allows a much more simple operational structure with a lesser number of formalities.

LLC v. Corporation - TAX MATTERS

The limited liability company offers more tax choices than a corporation. Owners of an LLC can elect for profits to be taxed pursuant to a pass through structure (single layer of taxation) or pursuant to a C corporation (double taxation) or S corporation structure (single taxation but with many requirements and ongoing compliance requirements).

The corporation only has the choice of C corporation or S corporation taxation. Small business owners many times prefer the LLC pass through taxation because it allows them to avoid double taxation of profits and in many cases be able to take business losses to reduce taxes from other income WITHOUT having to worry about meeting a laundry list of S corporation requirements.

While the S corporation structure is available to both types of entities, it only allows a certain # of owners, all owners must be persons (so no entities) and US or permanent residents of the United States. There are other requirements as well so check with your accountant for the specific details.

As a business evolves, things change and with an S corporation tax status, you always need to be on top of the latest S corporation requirements. The failure to meet a requirement, even if accidental, can result in disastrous tax liability and penalties.

The S corporation can have some tax benefits over the standard pass through when it comes to self employment. In these cases, you have the option of S corporation taxation with either the LLC or corporation.

LLC v. Corporation - OWNERSHIP STRUCTURE COMPARISON

An LLC also gives an LLC business much more flexibility when it comes to ownership structure. The LLC laws allow for the company to tailor what each owner gets in terms of voting control and distributions.
 The corporation has a set ownership structure. Ownership is defined by a share of stock and each share of stock provides a set right when it comes to voting and profits rights. The LLC can choose this standard structure but does have the flexibility to customize it if needed without having to create multiple classes of ownership.

Accordingly, an LLC is more attractive when it comes to bringing in investment capital or services partners because it offers more options to address specific business situations.

LLC v. Corporation - MANAGEMENT STRUCTURE

In addition, a limited liability company can have a very simple single layer of management (known as member-managed) or the management structure can be structured with a central governing body (manager managed).

When it comes to operations, the LLC is not required to meet the same level of formalities and paperwork as a corporation.

The corporation laws generally impose a set management structure for a corporation which requires a Board of Directors as a central body of management. In addition, in most states, there are required meetings and certain governance documents that must be entered into each year.

While it is still recommended that an LLC have some simple governance paperwork to document major business decisions, it is comforting to know that the laws do not require it for the legal entity to qualify as an LLC and get LLC benefits.

In deciding LLC or corporation, the LLC offers the same management structure imposed upon for a standard corporation but also allows for a much simpler one or a more complex one if needed to protect investors or the business.

SUMMARY

Given the simplicity and flexibility of the limited liability company, the LLC was designed to offer all the benefits of a corporation but without the disadvantages. As a result, the number of LLC formations each year greatly surpass incorporations when it comes to small businesses.

However, there are some situations where the corporation may be the better entity choice. If you plan on taking your business public with an initial public offering, you should use a corporation. Also, if your business requires professional company investors such as venture capitalists, the venture capitalists will generally require that your business be a corporation.

As noted above, the decision of LLC or corporation depends on your specific situation and the best person to advise you is a competent attorney after having met with you to discuss your particular circumstances.

Article Source: http://EzineArticles.com/?expert=Amy_McDaniel

Article Source: http://EzineArticles.com/1419678

Features of a Revocable Living Trust

Financial advisor Ric Edelman discusses why a revocable living trust is a key part in the estate planning process.

Advance Directives: A Special Insurance Policy That Everybody Needs

What is insurance? A thing providing protection against a possible eventuality.

Given the advances in medical technology, there are many possible circumstances in which my body may be kept alive even if my mind may have ceased to function. This could result from accident or disease. It could occur in the near or distant future. Under these circumstances, I have very specific desires of things that I want to be done and others that I want to stop or prevent from occurring. Can I take out an insurance policy that will protect me against institutions or people taking actions that are against my wishes? Yes, it's called an Advance Directive.

This form of insurance can be acquired without an agent or attorney. To get this coverage you must invest some time and energy to get your state's forms and fill them out. This is usually a two-part form with the first section designating who can make health care decisions for you in the event that you are not capable. This is usually called a Medical Power of Attorney designation. The second part, sometimes referred to as a living will, is where you are able to give physicians and family specific instructions regarding your care. The forms can be downloaded on-line from several different sources or can be picked up from any hospital in your area.

The mechanics of the process can be a little difficult and uncomfortable. This small discomfort allows for procrastination to jump in and convince you that this is a good idea and you really should do it someday, but not today. Maybe you'll do it next week or next month. One way to help you get over the hurdle of procrastination is to really look at some of the many benefits that you get from completing this task.

Three benefits of Advance Directives:

• Peace of mind from knowing that you have insurance in place.
• A huge gift will be given to your family and loved ones. In the event that it is needed, they will be greatly helped and assured that you are guiding their decisions.
• Protection of your estate and financial assets. Medical institutions are allowed to utilize their technology to prolong life even when the outcome may be futile. This process can drain your financial resources and possibly impoverish your family.

When you discipline yourself to create an advance directive, set aside adequate time to consider specific details. The more specific you make your wishes, the better the quality of your policy. After completing the process you will enjoy a deep sense of satisfaction. So set a deadline to help you guide the process and make it happen.

Article Source: http://EzineArticles.com/?expert=Mark_K_Shackelford

Article Source: http://EzineArticles.com/5874790

How to Expunge a DUI Record

Getting behind the wheel while you are under the influence of alcohol or drugs is a very stupid decision. This mistake can cost you a hefty fine or your freedom. You can get arrested for drunk driving and this charge may result to expensive fines, community service, jail time and a permanent record.

A DUI conviction in your record can have a negative impact which may affect many areas of your life. Even after you have paid the fines, attended drunk driving classes, and served your sentence, you may realize that a DUI conviction on your record can become a form of punishment on its own. For instance, a permanent record can keep you from getting a job, a loan, or from renting a decent apartment. To that end, you may want to have your DUI record expunged.

What Is Expungement?

When the court agrees to expunge a criminal record, it basically means that the conviction is sealed or erased. To that end, when a background check is performed, the record won't appear. This is very helpful for those who are seeking employment, applying for a loan, or for other purposes.
Remember though that the record is not completely erased. It can still be seen by law enforcers and court officials to check whether the person has previous run-ins with the law. But an expungement will keep the permanent record from ruining the individual's life.

How To Expunge A DUI

1. Understand what it means to expunge a DUI record: As previously mentioned, DUI is a permanent record. If it gets expunged, all the information about the case, including the files, records, and criminal charges will be sealed. This means that in case you apply for a job, you can tell your potential employer that you have never been arrested, charged, or convicted of DUI.

2. Learn about the laws involving the expungement procedure: You need to understand that expungement process may vary from state to state. To that end, you must check with your country's court or law enforcement agency where the arrests are expunged. Ask about the requirements, such as a certificate that proves you have completed probation and how many years before you can get your DUI expunged. There are some states that allow immediate expungement for some cases, such as a first offense in DUI.

3. Complete the process: It is crucial to fill out all the necessary forms and requests for expungement, such as the Motion to Expunge. After filling out the formal request, you will need to submit the application to the court and pay the fees necessary. You must then attend the expungement hearing once it is scheduled by the court. Lastly, you may also need to appear in front of a judge.

If everything went well, the judge will agree to the expungement plea. He will then give a court order to expunge the DUI record.

Article Source: http://EzineArticles.com/?expert=Sara_Schweiger

Article Source: http://EzineArticles.com/7929041

Uncontested Divorce Made Affordable - By the People

Divorce is probably never easy, but it doesn't have to be expensive. Rene of By the People in Fairfield CA talks briefly about help with uncontested divorces with our without children. Rene or Tammy will be happy to answer all your questions. Call them at 707-428-9871 and you can visit the website at http://bythepeopleca.com

How to Properly Use a Power of Attorney

A power of attorney is a legal document that authorizes one person to act on behalf of another in the legal or business dealings of the person authorizing the other. This type of document has a lot of relevance when, for example, somebody needs to execute some business or legal matter but is unable to do so for whatever reason. In the absence of the person, another person may be authorized to execute the matter through use of a power of attorney, which in common law systems or in civil law systems, authorizes another person to act on behalf of the person so authorizing the other. The person authorizing is known as the "principal" and the person authorized is called the "agent". The agent may, on behalf of the principal, do such lawful acts such as signing the principal's name on documents.

An agent is a fiduciary for the principal and, as this is an important relationship between principal and agent, the law requires that the agent be a person of impeccable integrity who shall always act honestly and in the best interests of the principal. In case a contract exists between the agent and the principal for remuneration or other form of monetary payment being made to the agent, such contract may be separate and in writing to that effect. However, the power of attorney may also be verbal, though many an institution, bank, hospital as well as the Internal Revenue Service of the USA requires a written power of attorney to be submitted by the agent before it is honored.

The "Equal Dignity Rule" is the principle of law that has the same requirements of the agent as it does to the principal. Suppose that the agent has a power of attorney that authorizes him or her to sign the sales deed of the principal's house and that such sales deed should be notarized by law. The power of attorney does not absolve the agent from the necessity of having the sales deed notarized. His or her signature to the sales deed must also be notarized.

There are two types of powers of attorney. One is the "special power of attorney" and the other, "limited power of attorney." The power of attorney may be specific to some special instance or it may be general and encompasses whatever the court specifies to be its scope. The document will lapse when the grantor (principal) dies. In case the principal should become incapacitated due to some physical or mental illness, his power of attorney will be revoked, under the common law. There is an exception. In case the principal had in the document specifically stated that the agent may continue to act on his behalf even if the principal became incapacitated, then the power of attorney would continue to enjoy legal sanction.

In some of the States in the USA, there is a "springing power of attorney" which kicks in only in case the grantor (principal) becomes incapacitated or some future act or circumstance occurs. Unless the agreement has been made irrevocable, the agreement may be revoked by the principal by informing the agent that he is revoking the power of attorney.

Making use of standardized power of attorney forms helps in framing a legally sound and mutually beneficial relationship for principal and agent. With the ease of use and ready availability of such forms, it is highly recommended that they be utilized when thinking of granting a power of attorney to someone. However, care should be taken not to let unscrupulous persons defraud innocent persons such as the elderly through ill-conceived agreements.

Article Source: http://EzineArticles.com/expert/Wade_Anderson/70430

Article Source: http://EzineArticles.com/3646412

Start an Online Business: Sole Proprietor, Corporation Or Limited Liability Company?

Who Is This Article For?

First, let's identify for whom this article is written. This article is for new entrepreneurs thinking about starting an online business which operates in the United States.

The information contained here is "entry level" for people just starting out in online business. It is not written for people in more sophisticated situations. That being said, let's get going.

Most new online business owners seem to "jump off the deep end" without giving much thought or doing much planning as to how they will operate their businesses.

That is a poor approach to starting a business. In reality, there are a number of considerations that need to be taken into account at the outset if you want to succeed with your online business and not expose yourself to problems down the line.

Forms of Business Entities

One of the first matters to consider is whether to form an entity to operate your business. Let's begin at the very basic level and quickly identify your options with respect to operating your business.

For most new businesses, your options are:

• Sole proprietorship


• Partnership


• Corporation (S-corporation or C-corporation)


• Limited Liability Company

There are other forms of doing business, but they are usually for more sophisticated enterprises, so we'll confine our discussion to the ones listed above.

Sole Proprietorship

This is the default option, one that many new entrepreneurs wind up using because they never really think about the issue.

Basically, a sole proprietorship is just you doing your thing. You and your business are not separated legally. That can be quite significant, as we'll see below.

Advantages of a Sole Proprietorship

Here are the advantages for choosing to do business as a sole proprietor:

• Ease of Formation. A sole proprietorship is the simplest business format to form, because there is no formation. It's just you doing business as you. There is no separate legal entity within which you are operating your business. You may still require business licenses, tax id numbers, etc., but there is no separate entity to be formed and operated.


• Low Cost of Formation. Since it is not necessary to form a separate entity to operate as a sole proprietorship, it is less expensive to get started because you don't have to pay an attorney or company to form a special entity for you and you don't have to pay any of the fees to you state that are required to form a corporation or LLC.


• No Separate Income Tax Returns. Because there is no separate entity involved in the operation of a sole proprietorship, the IRS doesn't require you to file any separate income tax returns. You will normally just add a schedule (Schedule C) to your good old Form 1040 and file away.

Disadvantages of a Sole Proprietorship

Here are the disadvantages of operating as a sole proprietorship:

• Personal Liability. This is the overriding disadvantage of doing business as a sole proprietor. Because there is no separation between you and your business, if you get sued all of your personal assets (house, car, investments, etc.) are at risk. Given the fact that we live in a litigious society where people are suing other people over ridiculous claims, and sadly prevailing sometimes, this is a major concern. If you end up with a judgment against you, you risk losing most of your personal assets.


• Less "Professional" Image. Doing business as "John Smith" doesn't present the professional image in the business world that, for example, "World-Wide Multimedia, LLC" would. This may not be a major concern for you, but it is something to consider, especially if you are trying to get other businesses to recognize you as a joint venturer, affiliate, or member of their CPA network.

Partnerships

We won't spend much time on this one, because it is relatively rare in the online world. A partnership is an association of two or more people or entities for the purpose of engaging in business.
So, for example, if you and your brother-in-law want to start a business, a partnership could work. It is not something that is normally recommended, though, for reasons explained below.

Advantages of a Partnership

Frankly, in most situations there are none.

Disadvantages of a Partnership

Here are the primary disadvantages of a partnership:

• Separate Tax Returns. Partnerships are required to file their own, separate income tax returns, so paperwork is increased without commensurate advantages being offered.


• More Complicated to Form. Partnerships normally require paid assistance in the formation process, so costs are increased, again without offsetting advantages in most circumstances.


• Increased Liability. This is the big one. A partnership does not protect your personal assets. Even worse, since you have one or more partners involved, you potentially become liable for their activities too, whether or not you actually participated in a given transaction. In addition, your partners can normally obligate the partnership to financial obligations and contractual agreements, sometimes without your knowledge. So, there is definitely increased personal risk to you financially in a partnership.

And, you must be cautious when pursuing business objectives with other people. You can end up in a partnership without meaning to.

Since there are normally no formal organizational requirements for a partnership, a handshake may be all that is required. Just the act of doing business and sharing profits and losses with one or more other people can result in the courts declaring you to be in a general partnership, whether that was your intent or not.

Corporations

A corporation is a separate legal entity that is formed to operate your business. It is that separation between you and your business that can be a major advantage.

You will hear two broad types of corporations discussed: C-corporations and S-corporations. Those distinctions are a topic for another article, but they will be mentioned briefly.

In a nutshell, a corporation is a corporation, the S-corporation/C-corporation distinction is merely an election made by a corporation as to how it wants to be treated for income tax purposes by the IRS.

Advantages of a Corporation

Here are the principal advantages of using a corporation to operate your business:

• No Personal Liability. The main advantage has already been hinted at. A corporation is a separate legal entity from you personally. Assuming you set things up properly and adhere to the operational requirements of a corporation, if your incorporated business gets sued only the assets owned by the corporation are potentially exposed to the business's liabilities. Your personal assets are shielded from liability.


• More Professional Image. As discussed above, a corporation presents a more professional image to the world than a sole proprietorship.


• One or More Owners. The owners of a corporation are called "stockholders." The law allows a corporation to have one or more than one stockholder. S-corporations may not have more than 100 stockholders (at the time of this writing). C-corporations may have an unlimited number of stockholders.

Disadvantages of a Corporation

Here are the main disadvantages of a corporation:

• More Complicated to Form. Articles of Incorporation and other formation documents must be prepared and filed with the state in which you incorporate. Normally, you will need paid assistance and there will be certain filing fees paid to your state, so there is expense involved. At least with a corporation you are getting the offsetting benefit of limiting your personal liability.


• Requires Separate Bookkeeping. Since a corporation is regarded as a separate enterprise from you personally, you will be required to keep separate books and records for business and tax purposes. This may require an accountant or CPA to assist you in setting them up properly.


• Separate Income Tax Returns. Generally, a corporation will be required to file its own separate income tax returns. You do not report the corporation's income and expenses directly on your personal tax return.


• Annual Filing Requirements. You state of incorporation will require at least one annual report to be filed for your corporation, and there will be a small fee charged by the state in connection with that filing.

Limited Liability Companies (LLCs)

Limited liability companies are probably the most popular entities these days. They are gradually replacing corporations and the "go-to" business entity.

So as to not over-extend the length of this article, I'll just list the advantages and disadvantages without more discussion, since they are almost identical with the remarks about corporations. Where there's a difference, it will be pointed out.

Advantages of an LLC

• No Personal Liability (See discussion under corporations)


• More Professional Image (see discussion under corporations)


• One or More Owners. An LLC's owners are called "members." The law allows an LLC to have one or more members.

Disadvantages of an LLC

• More Complicated to Form (See discussion under corporations)


• Requires Separate Bookkeeping (See discussion under corporations)


• Separate Income Tax Returns. A multi-member LLC will be required to file its own income tax returns. For single member LLCs, there are some special opportunities with respect to how they are taxed for income tax purposes. Often, the single member can choose to have the LLC disregarded for income tax purposes. That does not, however, jeopardize your liability protection from lawsuits.


• Annual Filing Requirements. (See discussion under corporations)

Summary

I think it's fair to say that limited liability companies are the most recommended entities, especially for online businesses. As a general proposition, they offer the same protection of your personal wealth from business liabilities that a corporation does, and LLCs are usually considerably more flexible as far as what the law allows in their management structure.

There are a lot of subtle nuances that professionals can debate when considering the pros and cons of the various forms of doing business.

In reality, though, the main concern for most smaller businesses is liability protection for the owner's personal assets.

Liability protection can be gained by using a corporation (S or C) or an LLC as the entity for operating your business. Liability protection is not gained by operating as a sole proprietor or in a partnership (formal or unintended).

Article Source: http://EzineArticles.com/expert/Robert_L._Page,_JD/32457

Article Source: http://EzineArticles.com/9300297

Adult Guardianship

Many families struggle with how to manage the finances, health care and other personal matters of adults who are unable to care for themselves. You may decide to pursue an adult guardianship if an adult is mentally or physically unable to make his or her own decisions and does not have a living will and power of attorney that provide a competent person to make those judgments.

4 Things You Need To Know About Advanced Directives

It is a sad truth that death is an inevitable part of life. And, even though many of us are reluctant to face this fact, it is no excuse to fail to plan for your end-of-life healthcare, particularly if you are past retirement age. Although it may be scary to think about your end-of-life decisions, it can greatly improve the quality of life for your family after you are gone, and will reduce the chance your passing is a burden on your family. Advanced directives offer you the assurance that your last wishes will be fulfilled. Here are four things to know about them.

1. What is an Advanced Health Care Directive?

An advanced directive is a generic term for a legal document that describes to and instructs others about your medical care, in the event you are unable to make your decisions known. A directive only becomes effective under circumstances described in the document, but in general allow you to do two things. The first is to appoint a health care agent or power of attorney. This person will make decisions on your behalf. Secondly, the directive will provide instructions about exactly what forms of health care you want and do not want.

2. Why Are Advanced Directives Important?

According to recent surveys, the majority of people would prefer to die in their own homes. However, many terminally-ill patients meet the end of their life while in the hospital, typically while receiving ineffective treatments that they may or may not really want. Occasionally, this confusion can cause conflict between the surviving members of the family, leading to fights and arguments. Meanwhile, the dying person's thoughts and wishes remain unexpressed. An advanced care directive prevents all of this. From documenting the treatments you want, to describing your wishes for your remains and personal effects, advanced care planning is highly beneficial.

3. Creating an Advanced Care Directive

An advanced care directive and living will does not have to be complicated, however the content may be complex and should be considered carefully. In general, it will consist of short, simple statements about what types of treatments you would accept or deny, given particular circumstances where you are unable to speak for yourself. It is important to create this document with the help and guidance of your family, legal, health, and financial professionals for maximum effectiveness.

4. Talking With Your Loved Ones About Your Choices

A vital step in advanced care planning is to clearly communicate your wishes to your loved ones and family about your decisions, and why you are making them. For most of us, this conversation can seem like a daunting task. You may be uncomfortable bringing up your own death with your loved ones, or it may seem like poor timing to have that conversation, but it is much better to have this conversation now, before there's a problem, so that everyone can remain calm and relaxed.

Article Source: http://EzineArticles.com/?expert=Rocky_C_Rhodes

Article Source: http://EzineArticles.com/9054211

Personal Finance Tips - How to Set Up a Financial Power of Attorney To Help Handle Your Affairs

If you have a good deal of money or assets it is probably a good idea that when you are planning your estate that you also consider setting up a financial power of attorney. What this is, is a document that will give another person the legal power or right to handle all of your financial affairs. To do this you don't even have to go to court. You just need to be of sound mind when you set up this type of an arrangement.

You being the principal in this document will then choose someone called the agent who will handle your affairs should there come a time in which for whatever reason, you can't. They can also be asked to handle your affairs if you are going to be gone and won't be able to take care of your affairs while you are away.

When you sit down to figure this out you are going to need to decide upon just how much authority that you are going to allow the agent to have. You may decide to give them general powers to handle all of it or you may just give him power to just take care of certain kinds of transactions like your stocks and bonds. They can even be asked to take care of financial issues while you are away on an extended vacation if need be.

You also need to figure out just how long you want their authority to last. It can be durable or it can be nondurable. A nondurable agent will lose their authority the minute you should become incapacitated in any way. So if you want to have them to continue on should you not be able to take care of things if you were incapacitated then you would want to make sure that you made them a durable agent.

You also need to figure out when the power of attorney will take effect. Understand that it will go into effect immediately as soon as the document is signed unless you set down a date in the document when it will take effect. Some documents with durable agents will not kick in until you might be declared incompetent or incapacitated by a doctor. You will also need to make sure there is a stipulation in the document that dictates when the power of attorney is ended, for instance you might stipulate that once a doctor says you are going to be OK and will be recovering, then the power of the agent will end.

Once you have your document written up you will need to have it signed by all parties involved and most states will require that you have the document notarized in front of two witnesses. If you don't want to do all of this yourself, you can always pay an attorney to write up your document for you.

When you decide to write up this kind of a document, the person that you pick needs to be someone you really believe that you know and trust well enough to honestly take care of your affairs for you whenever you might not be able to. Also remember that anything is possible so you might want to also name a second agent in case something should happen to the first one. Also make sure that if you would like to pay this person for performing their agent duties to state this in your document, otherwise they don't get paid for doing this.

Once you have your document written up and signed you should give a copy of it to your agent, a copy for yourself and you should also make sure that any agencies or businesses you do business with have copies as well and that would be banks, brokers, IRS or SSI.

Note: You can revoke your power of attorney at any time during your arrangement with them as long as you are mentally stable and you make sure that you send them a letter in writing stating you are going to revoke the document.

Article Source: http://EzineArticles.com/?expert=Amy_Myer

Article Source: http://EzineArticles.com/6328103