Thursday, November 8, 2012

What is the Difference Between a Power Of Attorney and a Guardianship? Which is Appropriate for Some


A power of attorney is a legal document in which one person (the principal) authorizes another (the agent) to act on his/her behalf. Financial powers of attorney allow your agent to make decisions regarding your property. Healthcare powers of attorney allow your agent to make decisions regarding your health care needs.

A power of attorney permits you to appoint someone else to manage your financial and business affairs when you cannot do it yourself anymore.

This document can be a lifesaver when crisis situations occur after an accident or illness. The agent can do whatever the document allows, such as withdraw bank funds, pay bills, cash checks, and buy and sell real estate. The power of attorney is less costly and more private than a guardianship.

Guardianship, on the other hand, is a legal relationship whereby a probate court gives a person (the guardian) the power to make personal decisions for another (the ward).

A family member or a friend can initiate the proceedings by filing a petition in the probate court in the county where the individual resides. A medical examination by a licensed physician may be necessary to establish the individual's condition. A court of law will then determine whether the person is unable to meet the essential requirements for his/her health and safety.

A conservatorship is a legal relationship whereby the probate court gives a person (the conservator) the power to make financial decisions for another (the protectee). The court proceedings are very similar to those of a guardianship except the court determines whether an individual lacks the capacity to manage his or her financial affairs. If so, the court appoints a conservator to make monetary decisions for the individual. Often the court appoints the same person to act as both guardian and conservator for the individual. Like the guardian, the conservator is required to report to the court yearly.

With all this in mind, you should evaluate your situation. What would you do if you could no longer handle your own affairs? You may want to consult with an attorney specializing in Elder Law, who will be able to assist you and advise you in this matter. By doing this now when you still have the time, you will save yourself and your loved ones heartache and financial expenses in the future.


Article Source: http://EzineArticles.com/20283

Wednesday, November 7, 2012

Protect Your Assets Through Business Incorporation

Some business owners do not fully understand how incorporation works. This process is not a requirement for each business but it may help you in the long run. Choosing to incorporate can give a business owner several benefits.

You may look at a corporation as a separate person with limited rights and privileges. Through incorporation, you split yourself from your business, giving it a life of its own. Your business becomes independent from shareholders and its employees. No matter what happens to the shareholders, the business remains in operation until the directors decide on its dissolution.

For sole proprietorship, the owner is one with his business. Whatever happens to the business, the effect will strike the owner as well. If the owner has personal debt, creditors may pursue assets from the business regardless of its relation to the case. When you incorporate, all of your personal finances are different from the business. If you experience a personal financial crisis, you can protect your business assets through incorporation. This process may also resolve other cases such as the death of the owner. Normally, when the owner or partner dies, this automatically dissolves the business.

Another advantage of this process is the free transferability of interest from one person to another. In partnerships, one cannot simply transfer his or her interest to another without consent. Perhaps, the greatest benefit of this process is its limited liability against shareholders. When the company gets into debt, a creditor may attack the personal assets of the shareholders. Since the business and the owner are two separate entities, the creditor cannot pursue your properties to satisfy the debt. Because of this, the corporation can make decisions without endangering its shareholder's assets.

A downside of incorporating is the method of taxation. Since there are two separate entities, you may run the risk of double taxation. Your corporation needs to give corporate tax. When the corporation distributes the remaining income among its shareholders, it is taxed once more based on the individual's income tax bracket. You can get around this issue by forming an LLC.

An LLC or Limited Liability Company can secure your assets through liability protection. It can deduct specific expenses, reduce audit risk, and establish credibility with your customers. In essence, an LLC is a type of business entity offering better advantages than other structures.

Incorporation requires a lot of paperwork. You need to find a reliable company offering services to make this process faster and easier. You may need to undergo different registration processes to protect the legitimacy of your business. Trademarks are important to set up the identity of your business. You have to register your brand name and logo with the help of business filing experts. When you have copyrights for your business, you may sue anyone who tries to use your brand without consent. A domain name for your website is also important to secure. This is so your clients may easily find you on the Internet. It can be difficult to go through these things unless you have an expert to work on these documents.


Article Source: http://EzineArticles.com/6905883

Tuesday, November 6, 2012

Why You Need to Incorporate

Having a company means making important decisions for its growth. If you run a company and you are now faced with a decision whether to choose forming an LLC or to incorporate, now is the best time to know more about these business setups.

What is incorporation?

Incorporation is the act of establishing a business identity. When you and your investors go for incorporation, your company can get tax benefits and reduced liability towards debts accrued in business deals. This step can also help you appropriate your firm's value in case you plan to sell it in the future. You also have more choices when it comes to raising more funds, as you can sell shares to the public.

What are the most important aspects?

Limiting personal liability is the most important feature of incorporating a business. You will not be personally liable for any potential debts and obligations incurred by the company. Of course, this does not mean you easily get off the hook if you happen to commit illegal or negligent acts. Overall, however, you get personal property protection, as possible creditors cannot go after your personal assets. Incorporation, in most cases, amounts to securing your future as an individual while engaging in business practices.

What is an LLC?

A limited liability company (LLC) is similar to a corporation in terms of various benefits for taxes. An LLC also protects the shareholders from liabilities incurred under the company's name. One important feature of an LLC is management flexibility. This business setup quickly gained popularity over the years. Today, small-scale businesses often end up forming an LLC to reap its advantages.

How will companies benefit from forming an LLC?

Forming an LLC is also about drawing clear lines between business and personal property. It means creditors can't go after personal properties of members within the LLC setup. There are certain differences. For instance, LLC shareholders are "members". As a member of an LLC, you cannot sell your membership to others unless all members have agreed to this provision before you formed the business. If a member dies or suddenly leaves, all members have the prerogative to dissolve the company.

One benefit of being an LLC member is never having to deal with mandated meetings. Corporations traded publicly may have this requirement, but LLCs do not. This means members within the LLC can hold as much or as little meetings as they wish. There might also be less pressure as government bodies will not be watching what LLCs do all the time. Authorities like the Securities and Exchange Commission (SEC) will not be inspecting finances closely. Auditing is also less tricky for LLCs as this setup does not require annual audits.

So which one is better?

It depends on how you want to look at a long-term business setup. For example, duration and public share offerings are two drawbacks for LLC. This arrangement cannot last forever if members die or leaves. Transferring a member's share might only happen if all members agreed to this beforehand. You also need to realize that incorporation has its limits. While it can last indefinitely, shareholders need to prepare for annual audits and scrutiny from the SEC.


Article Source: http://EzineArticles.com/6966835

Monday, November 5, 2012

Living Trusts Provide Valuable Estate Planning Benefits

A Living Trust is a legal document that is intended to act as a partial substitute for, as well as a supplement to, a Will. The Settlor may transfer major assets like his or her, home, savings and investment accounts, to the Trust. The trust document contains instructions for distributing these assets upon the Settlor's death. This type of Trust is referred to as "revocable" because the Settlor can amend or revoked at any time during his or her lifetime. It is a flexible document that can be updated given a change in circumstances such as a marriage, divorce or the birth of a child.

Revocable Living Trusts are managed for the benefit of the Settlor during his or her lifetime. Generally, Settlors name themselves as trustees of their Living Trust so that they may have full control over the management of their assets. If you have named yourself as trustee, you must also name successor trustees in order to establish who will manage the trust once you are no longer willing or able to do so.

The biggest advantage of a Living Trust is savings in both cost and time. Unlike a Will, a Living Trust does not have to go through probate to be executed. Probate is the court supervised process through which assets in a Will are distributed. The probate process can take months depending on the complexity of the estate and whether or not anyone chooses to contest the Will. Since the assets held in a Living Trust are transferred directly to the appropriate beneficiaries, the courts do not have to become involved in the process at all. All assets can be liquidated and distributed within weeks.

Living Trusts are also easy to administer, making it easier to choose trustees and successor trustees. Family members or trusted friends with no legal background will be able to serve as trustees. Being able to manage your own trust and have a family member become a trustee when you are no longer able can add to your peace of mind and make the process easier on your heirs.

A Revocable Living Trust allows for flexibility and security. Assets in the Trust can be built up over time, and access to income for beneficiaries continues uninterrupted should you become incapacitated. A Living Trust also ensures that your heirs will be able to avoid any aggravation and frustration that probate may cause.


Article Source: http://EzineArticles.com/2287216

Sunday, November 4, 2012

Overlooking a Health Care Power of Attorney Can Be Costly

A very important estate planning tool that is not given the same attention as a Durable General Power of Attorney is the Health Care Power of Attorney (HCPOA). A HCPOA is a document that gives someone you trust the ability to make your medical decisions for you when you are unable to do so yourself. Once drafted, signed and witnessed, the patient advocate (person appointed) appointed is essentially filling the shoes of the principal (person signing the document) with respect to all health care decisions; thus, physicians are expected to respect and abide by their decisions as if they were being made by the principal individual himself.

Appointing someone to act as your HCPOA plays a significant role for not just the principal, but also for the patient advocate. Without a properly drafted HCPOA, and in the event you have a loved one (e.g. spouse) in the unfortunate situation of being admitted into the hospital, you would have no authority to make medical decisions on your spouse's behalf. The proper procedure would be to file a petition with the court and be appointed as their Guardian/Conservator. This process can be time consuming and even costly.

When drafting your personal HCPOA document there is a particular section that deserves close attention. In the event you are in a persistent vegetative state or an irreversible coma, you will have to select who it is that you want to weigh the burden of your treatment versus the benefit. The three choices are: (1) Allowing your patient advocate to decide whether the burden of treatment outweighs the benefit; and based on that decision, your patient advocate has the authority to stop further treatment; (2) Allow the doctor to reasonably conclude that the burden of treatment outweighs the benefit; and based on the doctor's decision, the doctor will decide whether to stop further treatment; and (3) Allow you to live as long as possible regardless of the burden and cost of treatment.

These are three important choices that need to be carefully addressed. By making such a decision it allows your patient advocate to know beforehand that they are responsible for your medical treatment. Through careful planning and by appointing a trustworthy patient advocate, it can bring significant ease to your personal estate. It is advised to appoint someone who is close to you and who knows your wishes, whether religious or personal, as that person can then make the proper decisions with your specific intent in mind.

Rather than going through the stress of probate, a HCPOA is the simple document that can protect your wishes as the principal and provide your patient advocate with the convenience that they would not otherwise have.


Article Source: http://EzineArticles.com/6292914

Saturday, November 3, 2012

An Overview of Estate Planning


No one knows what the future may hold. Even if you feel as though it is premature to create a will or trust, this may be the best time to think about your future and plan your estate. No matter what age you are or what walk of life you are in, estate planning could be a wise step for you. You will most likely have many questions regarding this issue, so please continue reading so that you can be well-informed in making your decision. First of all, an estate is a broad term that includes all of your bank accounts, stocks, securities, life insurance, investments, cars, real estate, inheritances, and other substantial assets such as jewelry, artwork, and electronics. As you can see, every adult has an estate, not just the very wealthy. Although it is definitely recommended that those with vast, complex estates have a plan for the future, everyone should do so. It does not matter how young or old you are or how many assets you own.

Why is estate planning important? First, it allows you to provide for friends and family members after you are gone. Rather than allowing the courts to divide up your estate how they see fit, you will be able to decide now how you would like to be included in your will and exactly how it will be divided up. Not only that, but if you have children or dependents in your care, you will be able to stipulate who will become their guardian should you pass away. Not only will you be able to take care of your family financially, but you will be cutting down on the possible stress and conflict that could arise by not having a clear will.

An estate plan can also protect you during your life. For example, if you become ill and are unable to make decisions regarding your healthcare, the directions left in your estate plan will be followed. Not only that, but by not planning ahead, your estate could be subject to crippling estate taxes that could take up to 50% of your assets. An estate plan will also help you avoid probate. When an individual dies without a will or trust or other legal document stating their wishes, the estate could go into probate. It will have to go through probate court in order to determine who is entitled to what, a process which can be time-consuming and very expensive. If you have more questions regarding probate, estate planning, wills, or trusts, you should contact a legal representative as soon as possible. They could examine your unique case and help you walk through this process.


Article Source: http://EzineArticles.com/7012318

Friday, November 2, 2012

What Are the Benefits to Medical Power of Attorney?


A medical power of attorney form can be written for anyone at any point in ones life. A person does not have to be somewhat sick or dying in order to complete a form but under most circumstances, they are written when someone becomes ill. There are many benefits to having a medical power of attorney form if the form is written well.

A medical power of attorney form is a grant of authority that permits another individual to make certain medical decisions for you if you are unable to do so on your own. The most common of situations is when a patient becomes extremely ill and the question arises as to whether the person shall be kept alive or not. In most cases, the person who wishes to have their agent pull the plug may only do it if the principal specifically requested it before the signing of the form. In order for a medical power of attorney form to be carried out, it must abide to all the legal parameters and meet the standards of the law.

The most common mistake a person makes is not having the document signed by a notary. The document must have legitimate proof that it is legal and that it was actually wanted by the person whom is ill.Although a medical power of attorney form does not need an attorney for it to be valid, however when it comes to one's life, an attorney is highly advised. If the document lacks clarity, it could arise issues and even though the agent knows in his or her heart what the grantor wants, the law may deny the agent's wishes. The great thing about a medical power of attorney form is the fact that it takes the pressure off the family of making a decision.

No one wants to pull the plug on their own family member even if they know in their heart that it's the best option. If the grantor were to lack this document, it could create a lot of drama within the family especially if it is a big family because there will be many members who will have different opinions as to what to do. I believe everyone at the age of 21 should have a medical power of attorney form because up until then, a parent or legal guardian can make your medical choices and no one is guaranteed that something tragic wouldn't happen to them.

How do I get a Medical POA Form? You will have to get an authorized form that is legal in your State, get the person you would like to fill in your shoes if something should ever happen to you, and sign in front of a public notary. It's that easy!


Article Source: http://EzineArticles.com/7268154

Thursday, November 1, 2012

Living Will FAQs - Once I Write My Living Will, Can I Make Changes to It?


Living Wills are not a necessity, but a good thing to have, in case at some point in your life you may not be able to make decisions about your own health and finances. A living will can be done on your own, or by an attorney, and lists how to distribute your assets in the event that you cannot handle your own finances, or if you need someone to make important health decisions on your behalf.

However once a living will is created, time can change things, and in some cases, living wills may need to be altered. This can certainly be done. The original living will can either be destroyed or have a letter of cancellation attached to it. If you had done your living will through an attorney, it may be advised that you contact your attorney to help make the necessary alterations to the will.

Otherwise, you are free to alter your living will as you need to. It is important that you check with your state government office to make sure you are doing it correctly, however, so that your original will or your altered will aren't thrown out in court if it ever comes to that point.

A living will can be an important document, should anything unfortunate and unexpected occur. Having one that is up to date with the correct information and requests will make things easier for you and for your family. It's best to look at your will at least once a year and alter it if necessary, just to be safe.


Article Source: http://EzineArticles.com/4898056

Wednesday, October 31, 2012

Revocation Of Power Of Attorney

Revocation of power of attorney is when there is a legal document that says that the person is revoking the power they gave to another person or organization. The power is being withdrawn and the person or organization will no longer be the agent or attorney-in-fact for the person.

Any important document should be in writing and when revoking the power from an agent or attorney-in-fact this still holds true. Making sure that the revocation is in writing means that a person has proof that the power has been removed. This means that they are protected, as well as their interests too. Since a power of attorney form is very powerful and holds a lot of weight, in many areas of a person's life, it is important that there is the written revocation so that there are no questions about the person's intentions, wants or desires.

The good part of revocation is that no reason needs to be given when revoking the power from a person or organization. If the person is considered legally competent to make their own decisions, they understand their decisions and can make them themselves, the power of attorney can simply be revoked with no questions asked.

There is some basic information that needs to be completed on the legal form, such as the person's name and address and the name and address of the person that will have the power revoked from them. It will also need the date when the revocation goes into effect. However, reasons do not have to be listed and the person does not have to tell anyone why the revocation is taking place. The person that granted it can just as quickly and easily revoke it.

The revocation document will need to be notarized and signed in front of a Notary Public. After the notarization has taken place and it is signed, then a copy goes to the person or organization that had the power. It is given to the agent and the agent must give back any power of attorney forms that they have. They must return these to the person that is revoking the power of attorney. Copies of the revocation should be sent or showed to financial institutions and other businesses and dealings that the agent was handling.

If the power to buy and sell real property was given too, then it also needs to be recorded with the government, usually by going to the county property department. The power to sell real property is officially removed and the person that was acting as an agent no longer can have anything to do with the person's real property affairs that they were previously handling.

Article Source: http://EzineArticles.com/5738662

Tuesday, October 30, 2012

What is Probate in California & Why is Everyone Trying to Avoid It?


California Probate is a legal proceeding for winding up a person's legal and financial affairs after he or she passes away. There are two main complaints about Probate in California. This video explores those complaints and offers a good way to avoid Probate through a Revocable Living Trust.