Tuesday, September 30, 2014

Why Forming an LLC is a Good Idea

If you are experienced in running your business, you understand the importance of getting the correct corporate form in place. You should seek to have a structure that will not only aid long term expansion but also protect your assets. The good news - there are a lot of potential forms your business can take.

You should consider, if you have a small business, forming an LLC. Think about setting up an LLC if you have a small business. Fortunately, they are simple to create. There is little paperwork with them. Further, in many states, you won't need to file an annual report.

Also, LLC forms a business structure that can protect your personal assets. Just keep you LLC compliant and your personal property is protected.

With an LLC, you can safe guard your business name.Also, LLCs allow unlimited owners. This will help give your business growth room. Also, owners don't need to have US citizenship.

In addition, an LLC doesn't require meetings. It also needs little paperwork. And you can flow your profit and loss to your personal taxes.

Keep in mind that setting up an LLC has fees and paperwork. Also, you need to make sure you are following all city and state laws. Thus, only consider an LLC if you have a clear business plan.

Overall, an LLC is great for small business. So you should at least consider one if you are serious about your business. Remember, it can save you time and money, both of which you can invest in your business!

David is the creator of http://www.LLCFormsExpert.com [http://LLCFormsExpert.com], a site dedicated to helping you with forming an LLC [http://LLCFormsExpert.com]
Article Source: http://EzineArticles.com/?expert=Darrin_Reservitz

Article Source: http://EzineArticles.com/2242616

Sunday, September 28, 2014

By The People Fairfield CA

Rene talks about how By The People in Fairfield can help people with legal matters in an inexpensive way. See more at http://www.bythepeopleca.com

Saturday, September 27, 2014

Defining Legal Terms - By The People Fairfield CA

Rene goes over what types of questions they can help answer at By The People. A legal document preparation company. See more at http://www.bythepeopleca.com

Friday, September 26, 2014

How Does Someone Change Their Name?

Having the freedom to change your name is something people are thankful for when they need it. A lot of women who have fallen in love with the wrong guy know this feeling. The most common reason some one changes their name is because of a change in marital status. Although it is the most common reason for a change of name nearly any reason is accepted.

One reason you can't use for a change of name is for avoiding bankruptcy. You can't pretend your some one else just because you've changed your name. Secondly, you can't violate a trademark. Many celebrities trademark their name, like Paul McCartney. So therefore it probably won't work if you want to change your name to Tom Cruise, or Angelina Jolie. Thirdly, you can't change a name to something with numbers or symbols in it. Lastly, no one can use obscene words in their name.

After some one has picked a good name that doesn't imply fraudulent intent then they can continue on by getting the forms to fill out. Then they can go online to download a kit that includes all the forms they need to change their name in their state, that's the easiest way. If you don't want to deal with doing it yourself then consult an attorney in your area.

When the forms are completed and signed then it may already be official but in most states they require the form to be notarized. The only way you can know for sure is to know your local laws and procedures by contacting the appropriate local government office (or attorney), which is usually the courthouse. The instructions that come along with the name change kit will usually explain the state procedures also.

The state procedures for changing your name usually include submitting your paperwork to the appropriate office, waiting for approval, and then placing a newspaper ad announcing your name change. The reason for this to be included in the procedures is to give your new name to any one you may owe debt to. If the public objects then they could then intervene and object to the name change if debt is owed under the current name. If no one objects then you send in your affidavit and return it to the court clerk. You will then receive an Order Granting Change of Name, which will be your new ID. You can take the new ID at the DMV, Social Security Administration, and the Bureau of Records/Vital Statistics to get your new drivers license, social security card, and birth certificate.

The DMV can be very picky about having a SSN before some one gets a drivers license with their new name. Therefore it is suggested that they should go to the Social Security Administration first for their new social security card with their new name.

Disclaimer: This article has been written for information and interest purposes only. The information contained within this article is the opinion of the author only, and should not be construed as legal advice or used to make legal decisions. Consult an attorney in your area if you're seeking legal advice.

'How Does Someone Change Their Name?' has been brought to you by Legal Forms Bank .Biz - a database of legal forms for every U.S. state. Download all the forms you need to file for a name change in your state on your own.
Article Source: http://EzineArticles.com/?expert=Nick_Fagan

Article Source: http://EzineArticles.com/1224308

Thursday, September 25, 2014

DIVORCE !!! Easier than you think? - By The People Fairfield CA

Rene goes over how a divorce does not always need to involve a full legal team. He explains the process of how By The People can help file the paperwork necessary for the courts. See more at http://www.bythepeopleca.com

Wednesday, September 24, 2014

DUI Expungement Basic Process

DUI Expungement can be achieved, although it's not easy. Always consult with a competent attorney. Expungement is really a court-ordered process in which the legal document of an arrest is sealed or erased. Expungement is also legal process through which an arrest or conviction may be erased from a person's criminal record. When a conviction is expunged, the process may also be known as "setting aside a criminal conviction." The availability of expungement, and the method for getting an arrest or conviction expunged, will range according for the state or county in which the arrest or conviction occurred.

A DUI expungement ordinarily signifies that an arrest or conviction is erased from someone's criminal record for most purposes. Right after the DUI expungement procedure is finished, an arrest or even a criminal conviction ordinarily doesn't have to be disclosed by the particular person who was arrested or convicted. As an example, when filling out an application to get a job or apartment, an applicant whose arrest or conviction is expunged does not must disclose that arrest or conviction.

In most cases, no document of a DUI expunged arrest or conviction will show up if a prospective employer, academic institution, or other company conducts a public data inspection or background search of an individual's criminal record.

A DUI expungement arrest or conviction is just not automatically completely erased, in the literal sense from the phrase. A DUI expungement will ordinarily be an available part of a person's criminal file, viewable by selected government agencies, such as law enforcement along with the criminal courts. This limited accessibility is sometimes known as a criminal file currently being "under seal."

In some legal proceedings, this kind of as for the duration of sentencing for any crimes committed following an expungement, or in immigration / deportation proceedings, an expunged conviction that's "under seal" might even now be regarded as evidence of a prior conviction.

If you had a drink and got pulled over, would you know what to do?

Click http://www.duiarresttips.com/ to get your FREE Special Report "10 Simple Steps To Avoid A DUI" I'm only giving it away for a few more days... http://www.duiarresttips.com/ James Steele
Article Source: http://EzineArticles.com/?expert=James_D_Steele

Article Source: http://EzineArticles.com/5846242

Tuesday, September 23, 2014

Advantages of an LLC | What is an LLC?

Are you wondering what the advantages of an LLC are? Wondering what is an LLC, an S-Corp, Partnership or Sole Proprietorship? Learn why you might consider the advantages of an LLC as your choice for choosing the entity of your company structure.

Monday, September 22, 2014

Living Trusts/Wills - By The People

Living Trusts are a way for you to make sure that your estate goes to who you want it to go to, without having to go through the Delay, Agony and Expense of Probate.

We can assist with creating Single Living Trust for one person, or Joint Living Trusts for Married Couples.
Our Living Trust Package includes:
  • Articles of Trust
  • Wills
  • Financial Power of Attorney
  • CA Advanced Health Care Directive
  • HIPAA Release 
Our fees are $499.00 for a Single Living Trust or $599.00 for a Joint Living Trust

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

Saturday, September 20, 2014

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/

Friday, September 19, 2014

Probate - By The People

If you are having to go through the Probate Process with the court, let BY THE PEOPLE help.

We may be able to assist you in representing yourself, by preparing the documents needed, filing the paperwork with the court, setting court dates, arranging for publication, and many other steps needed to complete the process.

Our fees are 1% of the value of the estate (up to $3,500.00). Any fees for the courts, probate referee, publication will be extra.

Thursday, September 18, 2014

Incorporation/LLC - By The People

Let By The People help you set up your Corporation or LLC.

We will create your Company Articles, file them with the Secretary of State, and create an Organizational Kit for you, including: Sample Bylaws and Minutes, Seal, Shares, and Misc. Needed Forms.

Our fees are $399.00 plus filing fees:

INC - $115.00 and LLC - $85.00

Wednesday, September 17, 2014

Divorce/Legal Seperation - By The People

BY THE PEOPLE can help with Uncontested Divorce or Legal Separation. For couples who can resolve their own asset and debt division and/or child issues, BY THE PEOPLE can prepare all of the necessary documents for you to obtain your divorce. We also do all of the filing and procedural work throughout the process.

Since we are a local company and file divorces every day, we can provide you with up to date information about filing fees and the local court systems. In California the minium time period for a divorce is 6 months from the date of service.

Legal Separation is the same process for the court and same documents needed.You will still need to address all of the same issues, the only difference is the end result. You will still be married, having dealt with all asset/debt division and child custody, visitation, support, and if you decide to go forward with a divorce, you will need to start over from the beginning.

Our fees to prepare all of your divorce or legal separation documents is $599.00 if there are minor children, or $499.00 if there are no minor children. The only other fee you will pay will be the filing fee for the court of $435.00. Our fee is due up front, and we accept cash, check or credit cards. The filing fee for the court is not due up front; it is due as soon as you are ready to file with the court. The paperwork is usually ready to file within a week of starting the process. The Court only accepts cash, check or money order for their fees.

When you are ready to get started with your divorce or legal separation at BY THE PEOPLE, you may make an appointment or come in as a walk-in to our office at 1371-C Oliver Road, Fairfield CA. We will have you fill out a worksheet that will give us the information we need about you, your spouse and the issues your need to address in your divorce. Most of our customer find it takes about 30 minutes to complete the necessary information in our worksheet. You may come in with your spouse or you may come in on your own to fill out the worksheet and begin the process. The choice is yours.

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

Tuesday, September 16, 2014

By The People Commercial

We're a legal document assistance company, and basically that means we help people do their own documents. The main two services we provide are living trusts and divorce. So what we pride ourselves is going above and beyond for each and every one of our customers. Whether that means sometimes going to the house and doing a home visit for home bound people who need that service. Sometimes its a notary, sometimes it's a living trust. We work with everybody. If you have a legal need, we're going to be here to help you.

Part of the Free Commercial Push by A Squared. Published online only.

Monday, September 15, 2014

7 Advantages of Living Wills

Although the word will is used as part of a living will, it really isn't a will at all. Basically living wills, also known as inter vivos trusts, advance directives or healthcare directives, are documents that express the preferences and desires regarding medical treatments of a person in case they are later unable to communicate their wishes due to permanent unconsciousness or an illness that is terminal. Often they help people who want to avoid artificial life support as well as other more advanced medical procedures to sustain life so they can have a natural death. Today they also include things like organ donation, artificial resuscitation, and tube feeding as well. When these wills are valid, health care professionals are bound to carry out the instructions in the living will.

These wills are not just a choice for the sick or the elderly. They are an important choice for anyone, since anyone can end up dealing with accidents or sudden illnesses. Not convinced that you need a living will? Well, here are a few of the advantages of having a living will that may change your mind.

Advantage #1 - Refuse Treatments You Don't Want - One of the main advantages of having a living will is that it allows you to refuse any treatments that you do not want. Perhaps you do not want artificial resuscitation or a feeding tube in certain cases. With your inter vivos trust you can specify the treatments that you do not want given to you. Some people feel that certain treatments are against their moral beliefs, and the living will gives them the opportunity to make sure they are not given these treatments in a time where they cannot voice their opinion and dissent.

Advantage #2 - You Know the Outcome - Having a living will also is advantageous because it allows you to know the outcome before it happens. You never know what type of accident could happen or what type of disease could attack your body. However, when you have your document in place, you can know what the outcome will be if you have one of these problems and can no longer make your own medical decisions.

Advantage #3 - Prevent Arguments Among Family Members - A living will can also help to prevent arguments among family members if something unfortunate happens to you. No doubt you have family that cares about you, and all of them may have different ideas of the best treatments if you are ill and unable to make your own decisions. The last thing you want is your family arguing about your treatments. So, having your healthcare directives in place totally eliminates any arguments that could occur with your family members.

Advantage #4 - Make Decisions Easy for Your Family - Making a decision about a dying loved on or a permanently ill loved one can be so hard for the family. It can be a lot of pressure to make these kinds of decisions. However, when you have your living will done, your family will not have to make the decisions for you, which makes it so much easier for them.

Advantage #5 - Insure Doctors Follow Your Wishes - No doubt you want to be sure that your doctors follow your wishes in the end. With an advance directive, you can insure that your doctors do follow your wishes and that they don't just do what they feel is best for you. This allows you to be in control of the decisions made instead of the doctor.

Advantage #6 - Authorize Treatments You May Want Given - While a living will allows you to refuse treatments, it also can help you to authorize treatments that you may want given to you as well. There are many medical treatments that require authorization from the patient, and you may be in a position where you cannot do this; however, if you have the authorization in your will for certain treatments, it can insure you get the treatment you need.

Advantage #7 - Eliminate Financial Encumbrance for Your Family - Often people who end up with permanent illnesses end up needed long time care, which can be very expensive. Some people prefer not to leave this type of financial encumbrance on their family. With your living will, you can choose options that will eliminate financial encumbrance for your family so you don't have to worry about them searching for financial resources to help pay for your treatment and care.

So, I hope that explains what a living will is and why it is a good idea to have one.

Ken Black is the owner of 24x7Legal.com. Visit this site for more information about living wills.
Article Source: http://EzineArticles.com/?expert=Ken_Black

Article Source: http://EzineArticles.com/1222997

Sunday, September 14, 2014

Documents to Consider When Doing Estate Planning

There's nothing that can prevent someone from dying, since physical death is an absolute certainty that no one can escape. The fear for some people, though, is not what's going to happen to them after they pass on, but more on who's going to take care of their loved ones, especially if the people he'll be leaving behind are either very young children or are incapacitated, or both.

You can't have control of what's going to happen to you after death, but you sure can decide what's going to happen to your assets once that event transpires. It's called estate planning. This is the process by which a person (or even a family) arranges the transfer of his assets in anticipation of his death. And in estate planning, there are several documents to consider. Here are some of them:

Last will and testament - This document takes front and center in all the planning. This is the document that legally provides for the transfers of assets after one's death. It names a person to settle the estate, a trustee who will administer any trust established, and a guardian if there minor children. For those who die without having executed a will, they are considered to be 'intestate.' Under certain laws, if one is intestate, property goes first (or in major part) to a spouse, and then to children and their descendants.

Trust - Persons preparing a will and testament can execute either 'inter vivos' or testamentary trusts (trusts established through a will). The difference between the two is that with the former, assets are transferred into the living during the trust creator's lifetime, as opposed to testamentary trusts, where the transfer becomes operative at the time of death.

Durable powers of attorney - A power of attorney is the document that authorizes a designated agent to carry out financial and business transactions for the person that's establishing the document. This grants such agent to access bank accounts (and even brokerage accounts), deal with insurance companies, and even sell property. This effectively allows the agent to step into the shoes of the person he is assisting.

Healthcare power of attorney - This document is a form of a living will that is designed, among other things, to: provide instructions for the conditions should life-sustaining procedures be utilized, authorize who will make healthcare decisions, and ensure that the person chosen to make these decisions is given access to the executor's medical records during incapacity.

These are the important documents to take into account so a person can have the opportunity to make personal and financial decisions, both in life and after death, without the need for court orders.

Estate planning deals with certain legal issues, which makes it important for an individual to get the services of a lawyer while doing it. You can get attorneys estate planning at ClinchLongLetherbarrow.
Article Source: http://EzineArticles.com/?expert=Toby_King

Article Source: http://EzineArticles.com/8053703

Saturday, September 13, 2014

Top 6 Most Frequently Asked Questions in Expunging Your DUI Conviction Records in California

Like most states in US, California too allows you to expunge your DUI conviction record. Expunging your DUI conviction record will help you get rid of all the problems resulting from your offense and make you to experience the life like before. Regardless of whether your offense is misdemeanor or felony, they can usually be expunged. Following are the FAQ's which are sure to provide you an insight about expunging your DUI records in California:

What is expungement?

Expungement means sealing your DUI conviction record which practically means giving petition to the court to expunge your record and the court replaces your plea as not guilty and then dismisses your case. So when applying for a job or under any other circumstances you need not have to disclose that you have been convicted.

Who Is Eligible For expungement in California?

You are eligible for expungement:

  • if you are a first DUI offender who has only one charge for either a misdemeanor or felony
  • a year has passed since conviction
  • if you have completed probation successfully and not on probation for another offense
  • have no charges pending
  • have paid all the fines ordered by the court
How much does it cost to file for expungement? 
It costs between $50 and $80 to file for expunging your record. 
Will they need my presence at the court? 
No, your expungement lawyer can do it for you. 
What will I benefit from expunging my DUI conviction record? 
There are a lot you will benefit from expunging your record such as employment, licensing etc,. 
What expungement won't do? 
Your expunged case can still be used for increasing your punishment when you again caught up for a DUI or other criminal cases.
The DUI Process manual provides solution related to expunging your DUI record, getting your driver's license back, saving a lot of money on your auto insurance and even saving money throughout your DUI process no matter what state (US) you are located in. Article Source: http://EzineArticles.com/?expert=Jennifer_Mann

Article Source: http://EzineArticles.com/864825

Thursday, September 11, 2014

Qualified Domestic Relations Orders (QDRO)

A Qualified Domestic Relations Order (QDRO) is an order issued by a state authority or court, which provides funds from the retirement account of a divorcing individual to his or her spouse. This is done to pay alimony or child support payments, or to split up the marital property.

Requirements for a QDRO

For a Qualified Domestic Relations Order to be issued by the court, the court must have information:

  • on the total amount of payments to be made
  • on the periods for which payments must be made
  • on the names and addresses of the divorcing individuals
  • about the retirement account out of which the QDRO will be set up

Features of a QDRO

A Qualified Domestic Relations Order has the following features

  • A QDRO does not affect the basic rules of a retirement account. For example, funds cannot be withdrawn earlier than what the retirement plan allows.
  • The benefits to be received under a Qualified Domestic Relations Order are taxable, even if they are being paid in place of child support payments, which are usually not taxable.
  • The recipient of the benefits can defer the tax payments by investing the amount in an Individual Retirement account.
  • Although used mostly in divorce cases, a Qualified Domestic Relations Order may also be set up for a legal separation case.
  • The account to be used must be a retirement account.
  • Previous alimony and child support payments can be paid with a Qualified Domestic Relations Order.

There are a number of other factors concerning QDROs that a person going through a divorce should consider before proceeding with his or her case.

If you or someone you know is considering a divorce, and would like to find out more information about QDROs and your legal rights, contact the passionate Oceanside divorce lawyers of Fischer & Van Thiel, LLP, today. James Witherspoon
Article Source: http://EzineArticles.com/?expert=James_Witherspoon

Article Source: http://EzineArticles.com/5233566

Wednesday, September 10, 2014

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.

Estate planning businesses offer the best in financial services to their target markets through use of digital content. Al Tinas, (C. Catchings), provides high-quality content to estate planning experts as well as other business leaders.
Article Source: http://EzineArticles.com/?expert=Al_Tinas

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

Monday, September 8, 2014

The Proper Estate Planning Tips in Case of an Emergency!

The proper estate planning documents you need in case of emergency! Nobody likes the thought of an emergency cutting a life short. Especially for families, it's really hard to imagine what might happen if there were some sort of tragic accident, an unforeseen illness, or a catastrophic disaster that resulted in the casualty of a vital family member. Without the necessary legal documents such as a living will or power or attorney, the wellbeing of a family may be threatened and your expressed or even written wishes may not necessarily be honored.

If someone is involved in a serious accident, but is injured to the point they are unable to communicate their wishes, a healthcare power of attorney is given the legitimate right to make major healthcare decisions on the patient's behalf. For example, if you do not wish to be placed on life support for an extended period of time, the only way to make this preference legal is taking the proper steps to create lawfully acceptable paperwork and documentation.

When someone dies without any legally authorized instruction for the delegation of their belongings and investments, all property goes into a very complex court proceeding where assets are given to the spouse, next of kin, or separated between various related parties. In this situation, a third party has full control over how these items and funds are distributed, regardless if the deceased had verbally expressed other wishes. A legalized will is absolutely necessary to ensure that your belongings are properly taken care of after your passing.

Have these legal documents prepared today so that you ensure that your family is taken care of in the event of an emergency.

Prepared Will is a legally enforceable declaration of how a person wishes his or her property to be distributed after death.

Health Care Power of Attorney is a legal form that allows an individual to empower another with decisions regarding his or her healthcare and medical treatment.

Living Will Directive is a written statement detailing a person's desires regarding their medical treatment in circumstances in which they are no longer able to express informed consent.

I know the fees associated with the creation of these documents can become incredibly expensive if prepared by a private lawyer. I also know that people are looking to the web for do it yourself forms which can turn into a nightmare if not done correctly. In many states these documents if not done by an attorney can be thrown out and not accepted by a court.

There are affordable solutions so that your documents are prepared by an attorney and reviewed annually for you, your spouse, and covered family members.

When it comes to protecting your family and your wishes, don't waste any more time or put your loved ones at risk any longer.

Have your legal documents prepared today by an attorney so that you ensure that your family is taken care of in the event of an emergency. For information on having an attorney create these documents and help protect your family against all legal issues for a few dollars a week visit http://cmp1legal.net
Article Source: http://EzineArticles.com/?expert=Christopher_Partlow

Article Source: http://EzineArticles.com/8657684

Sunday, September 7, 2014

Can Someone Sign My Living Will For Me?

This is a situation that is more commonplace than expected. As we get older, it is increasingly difficult to write anything, including our own name. We know exactly how to do it, but our hands don't want to cooperate.

Unfortunately, we have to keep writing even in old age. There are bills to pay, checks to sign, applications to make, and a wide variety of other documents. Even worse, or signature changes over time. If you have a bank that is good with customer service, they can know these differences, and is best to update your signature cards every year or--they then know it is you signing the checks.

The signature can become be jerky or illegible. As such, is not uncommon for an adult child to take over as far as signing checks, contracts, credit cards, and alike. Here are some rules to be followed in such cases.

Having someone sign for you.

This is can be done if the testator (person signing the will) cannot otherwise sign. This is usually because of infirmity of age. As stated above, this is typically done by an adult child. There is no requirement of having signed for your parents before, although that certainly helps.

The key is the testator must clearly direct the other person to sign. There can be absolutely no doubt in this situation.

Many states have amended their probate codes to make this available. There must be an express and clear direction by the testator to have this done. Further, the signing must be in the "conscious presence" of the testator. This typically means in the physical proximity of the testator, who can readily be aware the signature is being placed on the paper. But, this does not mean it has to be in the testator's direct line of sight.

Example: Joy has been relying upon her daughter for some time to sign paperwork. On the occasion of her signing the will, Joy was sitting upright in bed, but has trouble moving her head from side to side. It would have been easy for her to turn completely to the left and see the signing on a table nearby, but this was not possible. So, with the table as close to the bed as possible, the daughter instructed her mother that she was now signing it. Her mother could not see the actual signing. But her mother could easily hear and understand what was going on. This will be sufficient.

The bottom line: make sure there is express authorization from the testator and at least two witnesses in attendance. And the right living will form to confirm all of this.

Sue Malone is the founder of NationalLawDocs.com, the Internet's premiere site for attorney-prepared online legal forms (providing do-it-yourself documents for over 25 years). All documents are fully editable, come with free updates for life, reasonably priced (starting at $25), and have an unlimited license for their use. Call for a free consultation--all reps have a law degree. (800) 995-9434. Or visit: [http://www.NationalLawDocs.com].
Article Source: http://EzineArticles.com/?expert=Sue_B._Malone

Article Source: http://EzineArticles.com/6959465

Saturday, September 6, 2014

Friday, September 5, 2014

Thursday, September 4, 2014

Wednesday, September 3, 2014

Tuesday, September 2, 2014

The Importance of a Healthcare Proxy and Living Will

A living will is a legal document that describes your end of life wishes. You create it when you are alive, but it does not become valid until you are in an end of life situation. With a living will your agent(s) have final decision, but it should be made with medical doctors and other healthcare officials to be sure you are given the correct prognosis and so that your agents can make the right decision. You should give a copy of your living will and healthcare proxy to your local hospital, doctor, nursing facility or hospice care agency.


The living will covers common decisions your loved ones can make when you are near to dying. You have the choice to fill out the form in whatever fashion you like. Choices can be made regarding keeping you alive by machines, being kept on a feeding tube with no hope of recovery, being in a persistent vegetative state and more.


Living wills are available online and can be obtained for free. You need not pay for a living will to be drafted. Each state has its own differences so be sure you use the one for your state.

Once completed, the form should be signed in the presence of two witnesses. The witnesses sign the document and attest that you signed of your own free will and that they are not your appointed health care agents or proxies. Some states do not allow relatives or people responsible for make medical decisions to be witnesses.

In your living will, you will designate someone who will be your proxy or agent. This person will be the one you choose to carry out the details of the document. Choose a family member who understands your wishes and has agreed to see that they are carried out. Do not choose a doctor or any employee of a hospital or institution that is treating you at the time it is executed. You can change your agent or proxy, but be sure that whoever got the original one has the new one replaced. The same applies to other changes to the document.

Most people don't like thinking about these things, however they are extremely important. You don't know when you will be in a situation in which this document will be needed. Be sure to complete it now before you can't. Consider all of the possibilities there are regarding your last wishes medically. There are certain powers given to your agent(s). Here are some general rules:

• "Full power to consent, refuse consent, or withdraw consent to all medical, surgical, hospital and related health care treatments and procedures on my behalf, according to my wishes as stated in this document, or as stated in a separate Living Will, Health Care Directive, or other similar type document, or as expressed to my agent by me;"
• "Full power to make decisions on whether to provide, withhold, or withdraw artificial nutrition and hydration on my behalf, according to my wishes as stated in this document, or as stated in a separate Living Will, Health Care Directive, or other similar type document, or as expressed to my agent by me;"
• "Full power to review and receive any information regarding my physical or mental health, including medical and hospital records, in accordance with the Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d ("HIPAA");"

• "Full power to sign any releases in order to obtain this information;"
• "Full power to sign any documents required to request, withdraw, or refuse treatment or to be released or transferred to another medical facility."

Your document should contain sections covering the following situations:

1. "If I have an incurable and irreversible (terminal) condition that will result in my death within a relatively short time, I direct that... "

2. "If I am diagnosed as being in an irreversible coma and, to a reasonable degree of medical certainty, I will not regain consciousness, I direct that... "

3. "If I am diagnosed as being in a persistent vegetative state and, to a reasonable degree of medical certainty, I will not regain consciousness, I direct that... "

You are able to decide which choices can be made.

Other areas to be covered include:

• Intravenous and Tube Feeding
• Life Sustaining Surgery
• New Medical Developments
• Other Non-Conventional Treatments
• Home or Hospital


A living will gives you the power to choose how you would like to be cared for in the days leading to your death. It also removes some of the burden from your family when they know that they are following your wishes.

Don't fail to prepare this document. As has been stated herein already, you don't know when you will be in a situation in which this document will be needed.

We provide accounting and tax preparation services and we are open year round. We also prepare living wills at a reasonable rate. Visit our website for a listing of all services: http://crossroadsacctg.webs.com
Article Source: http://EzineArticles.com/?expert=David_G_Komatz

Article Source: http://EzineArticles.com/7695454

Monday, September 1, 2014

Why do Americans and Canadians celebrate Labor Day? - Kenneth C. Davis

In the United States and Canada, the first Monday of September is a federal holiday, Labor Day. Originally celebrated in New York City's Union Square in 1882, Labor Day was organized by unions as a rare day of rest for the overworked during the Industrial Revolution. Kenneth C. Davis illustrates the history of Labor Day from Union Square to today.

 Lesson by Kenneth C. Davis, animation by TED-Ed.