Tuesday, June 30, 2015

Estate Planning : What Is an Heir Apparent?

An heir apparent is the heir who is assumed to receive the deceased's property before the will is read. Find out what an heir apparent is from an estate planning and probate lawyer in this free video on estate law.

Sunday, June 28, 2015

Estate Planning : How are Trusts Taxed?

In estate law, trusts are taxed differently depending on whether they are revocable or irrevocable trusts. Learn how a trust is taxed from an estate planning and probate lawyer in this free video on estate law.

Saturday, June 27, 2015

Estate Planning : What Is a Durable Power of Attorney?

Durable power of attorney allows the power of attorney to manage funds even in the event of incapacitation. Find out what durable power of attorney is from an estate planning and probate lawyer in this free video on estate law.

Thursday, June 25, 2015

Becoming Incorporated - The Pros and Cons Of Incorporation

So you currently have your own business and you're pondering over whether or not you should incorporate it, or carry on as a sole trader?

Before you make the incorporation decision, you need to consider all of the advantages and disadvantages that incorporating brings.

This article will set out to explain the benefits and downsides to incorporation, starting with the benefits ...

Benefits of Incorporation:

Personal Liability Protection

An incorporated company is a separate legal entity responsible for its own debts. Shareholders only have responsibility for servicing debts and liabilities up to the value of their equity in the Company.

Creditors of a corporation can only seek payment from the assets of the incorporated business and not from the personal assets of shareholders, directors and officers.

As a small business owner of a non incorporated company, your personal assets are at risk if your business fails to service it's debts.

Personal liability protection is therefore a major benefit of business incorporation.

However, owners forming new corporations with small amounts of invested capital may well be asked to provide personal guarantees that credit will be honoured to reduce the risk of the lender.

Also, owners of incorporated businesses are required to personally ensure that the company makes its required tax repayments.

Protection From Legal Action

As with personal liability protection from debts above, the personal assets of the company's owners is protected by the separate legal entity status in cases where the incorporated company faces legal action.

Note, incorporation does not protect a company's officers from liability and prosecution in cases where the company is found guilty of criminal negligence.

Tax Advantages

Some incorporated businesses can enjoy lower taxation rates following business incorporation compared with partnerships and sole traders. One way of achieving lower taxation is to minimise the salary paid to the owners to reduce higher rates of personal taxation, and draw income from the business in the form of dividends which are taxed at a lower rate.

Obviously professional advice from a qualified taxation expert should be sought in all instances as all personal circumstances are different.

Other taxation benefits of incorporation are that once incorporated, many additional items of expenditure become tax deductible. For example medical expenses, entertainment expenses, vehicle and travel costs, recreational facilities and pension costs all become tax deductible. This can be a significant cash benefit. In particular money placed in an approved pension plan is tax free as is the funds growth.

Raising New Capital

Once you've incorporated your business, the ability to issues shares simplifies the process of raising capital investment. It's also easier to get loans and other finance approved from financial lending institutions if you are an incorporated company.

Transferring Ownership

The existence of shares also simplifies the sale of your business in the future. Also should an owner or director die, the business can continue to operate indefinitely.

Business Credibility

Having the words Inc or Corp in your business name gives a positive perception of long term financial stability.

Disadvantages of Incorporation

Double Taxation

Once incorporated, earnings are subject to double taxation, whereby, company profits are taxed, and then the dividends paid to shareholders from the "net" profits are also taxed.

With a non-incorporated business, the income the owner receives from the business is only taxed once. Double taxation can be avoided if the corporation is registered as an "S-Corporation"

Statutory Compliance Costs

Compliance with legal and accounting requirements places a significant burden on companies in terms of staffing, cost and time. There are also fees associated with the initial company incorporation, and ongoing operations.

Loss of flexibility The separate legal entity status of incorporation also means that the company finances are separate from the individual's, therefore the individual cannot "borrow" money from the accounts of the corporation, and statutory requirements in general reduce the flexibility of what can and can't be done with the business and its finances.

The above are some of the key advantages and disadvantages that you as a business owner need to consider before you begin the process of incorporation. You should always seek legal advice as all cases are different.

Richard Taylor is an MBA and Company Director with a particular interest in small business start ups. Click on the following link to learn more about the benefits and disadvantages of business incorporation. http://www.incorporate-my-business.com
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Monday, June 22, 2015

What is Power of Attorney?

Power of Attorney is a legal document where one person authorizes another to act on his/her behalf. It allows that authorized person to manage business and/or financial affairs when one person is no longer able to do so. It may be required due to illness, overseas travel or mental incapacity.

Why is it important to organise a Power of Attorney? Should you be considered incompetent to deal with your finances - you need somebody else to be authorised to deal with your affairs. A Power of Attorney document allows you to choose the person, with defined authority and limits if desired, the power to protect, or re-arrange, your assets.

The person named in a Power of Attorney to act on your behalf is referred to as your "agent" or "attorney-in-fact." With a valid Power of Attorney, your agent can take any action permitted in the document. Often your agent must present the actual document to invoke the power.

If you do not have a Power of Attorney and become unable to manage your personal or business affairs, it may become necessary for a court to appoint one or more people to act on your behalf. Usually referred to as guardians, conservators, or committees. If a court proceeding is required then you may not have the ability to choose the person who will act for you.

By executing a Power of Attorney for Finances (also referred to as a Durable Power of Attorney for Finances) you can decide who you want to make decisions about your legal and financial matters. You can be very specific about what actions you are authorizing your partner (or agent) to make, including which accounts he/she has access to and the types of decisions he/she can make.

A Power of Attorney for Health Care allows decisions to be made specifically on what kind of treatment the person wants, based on their medical condition.

A Living Will in some ways duplicates the information in the Power of Attorney for Health Care. It is a separate document that lets your family members know what type of care you do or do not want to receive should you become terminally ill or comatosed. It can also cover situations in which a person may survive but is not capable of making their own medical decisions.

It can be a directive stating that there is to be no heroic measures to keep the person alive when there is no realistic prospect of any meaningful recovery.

An Enduring Power of Attorney is a legal document authorizing a named person or people to act on your behalf. Subject to certain conditions it continues in force until death.

Guardianship 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 where the person lives. A medical examination by a licensed doctor may be necessary to establish the person's condition. A court of law will then determine whether that person is unable to meet the essential requirements for his/her health and safety.

As long as you are alive you have the power to revoke the Power of Attorney. To do this you must contact your attorney-in-fact to advise that the Power of Attorney has been revoked.

You can also specify a date that the Power of Attorney will expire.

A Power of Attorney is also important for unmarried couples, who live together, when a partner becomes incapacitated and unable to make decisions. When this occurs the law usually assigns the incapacitated person's next of kin as the decision maker. With a Power of Attorney, unmarried couples can give their partners the power to make decisions.

Gay Redmile is the webmaster of several finance and investment sites. Having recently been named as Power of Attorney for her father - she realised how important it was for people to be aware of the implications of not having one in place. For further information and the latest news and articles visit her site at [http://www.powerofattorneyhome.com]
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Saturday, June 20, 2015

Annulment Versus Divorce

There are various ground upon which an annulment or a divorce could be granted by a court. The legal consequences could be very important, since an annulment basically erases a marriage, whereas a divorce simply terminates it.

Friday, June 19, 2015

What Are the Tax Benefits for LLCs?

If you form a limited liability company (LLC) from your business, this is an excellent way to protect your personal assets from the liabilities of your company. Incorporation protects your own property, if a judgment is rendered against your business. In addition, forming an LLC gives you an advantage, since your business isn't responsible for the taxation of its profits.

The owner of an LLC reports the profits and losses of the business on his personal tax return. This operates in a way that is similar to general partnerships or sole proprietorships. These are called "pass-through" taxes, and you will not have to file a corporate return if you own an LLC. Your share of the profits or losses is reported on your individual tax return.

No Residency Requirements

When you form an LLC, you do not have to live in the state in which it is formed. You don't even need to be a permanent US resident or a US citizen. For this reason and others, businesses owned by immigrants are usually formed as LLCs.

LLCs give your company more credibility with prospective customers, suppliers, partners and lenders. The LLC is often favorably looked upon by other businesses.

LLCs have flexible management structure. Your LLC can establish any type of organizational structure upon which the owners agree. It can be managed by the owners, known as members, or by managers. This differs from corporations, which must have a set board of directors who will oversee all major business decisions for the company. They will also manage all the affairs on a day-to-day basis.

LLCs encounter fewer ongoing formalities and annual requirements imposed by states than corporations do. In addition, there are fewer restrictions on who can own an LLC, unlike the rules found with S Corporations.

You may also be considering how to incorporate a business as an S-Corp or C-Corp, if you plan to incorporate rather than pursue registration as an LLC.

What is an S-Corporation?

An S Corp has similarities to LLCs, because its federal tax status also allows pass-through of taxable income or losses to the investors or owners. Your company will not be double-taxed as it is with a C corporation. S Corp status offers you pass through taxation, limited liability protection, investment opportunities and the elimination of double taxation on business income. An S Corp can also continue to function even if the original owner dies.

What about a C-Corporation?

If you prefer to incorporate, as opposed to becoming a Delaware LLC or an LLC in your home state, the C-Corp is the most common type found in the US. When you form a C-Corp, you will create a separate structure that shields personal assets from any judgments against your company. C-Corp structure includes officers, shareholders and directors.

Christine writes for USA Corporate Services, a company that helps entrepreneurs incorporate a business or form a limited liability company.
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Thursday, June 18, 2015

Grounds For Divorce

We've all heard about "fault" and "no-fault" divorce. While its true that many state laws provide for a variety of fault-based grounds for divorce, such as adultery, cruelty, or abandonment, almost all states also offer some sort of no-fault divorce.

Wednesday, June 17, 2015

Estate Planning Tips for People Going Through Divorce

Divorce is stressful period of transition and change for most people. While there many things on which you will need expend your attention during this challenging time, you should not forget that your estate plan also requires addressing now that you've experienced this life change.

One of the first things you will want to do is update your will. Generally, your will names your spouse by name, so if you die and your will leaves a sizable inheritance to "John Doe" or "Jane Doe," then your executor (or the trustee of your trust) and the courts will be obliged to follow this instruction, even if this person is your ex-spouse. For many people, such an outcome might be especially frustrating and painful, so you should deal with updating your will promptly.

You will also need to go through any asset or account that has a death beneficiary destination on it to remove your ex. Recent court cases have ruled that, even if you divorce your ex and update your will, your ex will still receive the money from your life insurance or retirement account if you do not update the paperwork on those accounts. The single determining factor regarding who gets your transfer-on-death or pay-on-death accounts is the name on that account's death beneficiary designation form, so it is vital that you make sure you update each of these accounts.

Additionally, you'll want to tend to your powers of attorney and living will. Chances are, you do not want your ex managing your financial affairs or making healthcare decisions (including end-of-life decisions) for you after you're divorced. Executing new powers of attorney and a new living will is often a relative quick and straightforward process.

If you have a living trust, you should investigate updating this part of your estate plan, as well. For many people, their spouses may not only be beneficiaries of their trusts, but trustees, as well. A capable estate planning attorney can assist you with making the changes your trust needs to address your divorce.

Finally, you do not have to wait until your divorce is finalized in order to begin updating your estate plan. Even if you anticipate that your divorce may take several months or years to complete, you can (and should) start working on updating your estate plan right away. Keep in mind, though, that the law in every state says that you cannot disinherit your spouse so, even if your preference is to leave your ex nothing, you will not be able to make that happen until the divorce is final.

This article was written by Rich Lynn, Author for UPG America and is intended for general information purposes only. Some information may not apply to your situation. It does not, nor is it intended, to constitute legal advice. For more information about this and other estate planning matters, including additional estate planning related articles, visit our website at http://www.upgamerica.com. You may also find out more about the Legacy Assurance Plan, an estate planning assistance service offered by UPG America, at http://www.legacyassuranceplan.com.
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Tuesday, June 16, 2015

What Is An Executor Of An Estate

You can start planning your estate at any time. Typically, though, most people don't begin to draft their Will, or establish a trust to hold property, until the "big" things in life happen -- like getting married, buying a home, having children, or starting a business.

Monday, June 15, 2015

Giving Someone the Power of Attorney

Power of attorney is a legal term in fact. This is a form or a document that is basically legal because it will be notarize by someone in the right position like the lawyers. Power of attorney allows some to have the authority to handle some other person's business affairs. There are two individuals involve in the process. The first is the principal which will authorize someone to act on his or her behalf. The second person is the agent or the attorney in fact who is appointed to carry out the task of its principal. In the United States, attorney in fact is the common term used; this person must be loyal and most importantly honest in carrying out his or her tasks. The attorney in fact may or may not be paid but for the record most principal would choose someone close to them to act as his or her agent. Usually the principal chooses individuals close to them as the agent because this individual acts as a confidant to the principal.

When making a power of attorney form, you should decide on what type you will use. This form may be limited or special and general. The effectiveness of its power ends when the principal becomes incapacitated or incapable or even before she or he dies. In this case, the principal will be unable to grant the power needed unless the grantor or principal will state and specify that the power of attorney still have its effectiveness even if he or she becomes debilitated. In case when the principal dies, so the effectiveness of the power of attorney ends as well.

There is also the durable power of attorney which encompasses an advance directive that sanctions the attorney in fact. In this position, the agent makes decisions regarding health care of the principal which now happens to be the patient. The decisions would include terminating care; consent to give or not to give any medication or procedure or treatment. An advance directive is very much different with a living will. A living will is a written document stating the patient's wishes regarding the health condition but this does not allow the agent to make any medical decisions.

In the end, it is really very important to understand power of attorney because giving or assigning this to another individual requires a lot of understanding. Yes, it is very easy to acquire such but then it will all end up when the agent would act upon the power of attorney.

James is an expert in writing about legal forms and documents that may help you when your in the search of the right legal document. He writes many articles about forms ranging from, power of attorney forms, landlord tenant forms, and most any legal form that you are searching for.
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Sunday, June 14, 2015

Advance Directives and Why You Need One

You've probably heard of advance directives, but are unsure of what they actually do and how they can help you. The truth is that these are a great way to plan ahead for your future, but they do require a bit of work upfront first. This is a good thing though, since it will save you time and energy later. It's better to have the work done before you actually need to do it so in a time of emergency everything is already sorted out beforehand.

The first thing to be aware of is the medical power of attorney, also called a healthcare proxy. This person is lawfully able to make medical decisions for you in the event that you are unable to. This includes when you are suffering from dementia and when you are not conscious. This is a big shoe to fit into, so to speak, so it is important that you select someone that you trust completely. Sometimes, you may want to select a backup healthcare proxy in the event that something happens to your original choice for POA. This doesn't happen often, but when it does you will want to be prepared. So having another person you trust on deck allows you to not worry about constantly updating your POA paperwork.

You also need to know that your POA will not be able to make decisions that override your decisions. This is to benefit you, of course. If you were to wake up out of a coma, you would then be able to once again make your own decisions and not have to worry about your POA making a decision that you do not want them to.

Some states do not actually honor other states' advance directives. Some do. So it will require a little research, either on your own or with your attorney, to make sure that if you are moving from New York to California, for example, that your advance directive will hold up under the scrutiny of the legal system. The easiest solution to this problem is to have an advance directive made up for each state that you will be residing in. So if you do move into a California retirement home, make sure that you set up an advance directive as soon as possible once you are a resident there.

A final consideration for the State of California is that if you are in a skilled nursing facility and want to set up an advance directive, you must have a patient advocate sign the paperwork as a witness. Again, this is to protect you and your rights.

Basically, the State of California wants to ensure that the patient is of sound mind and that they are not being taken advantage of. This is why an advocate must sign-they look out for their patients' best interests.

Matthew G. Young is a freelance writer who specializes in financial, sports, and health-related topics. To learn more about in home health care visit Paradise In Home Care
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Saturday, June 13, 2015

Can You Afford Effective Estate Planning?

"Can I Afford Effective Estate Planning?"

That's Really Not the Right Question.

What you should be asking yourself is: "Can I Afford Not to Do It?"

You may be asking yourself whether you can really afford to do the effective estate planning that you know needs to be done. That's not the question to ask. The real question is whether you and your family can afford to be without the protection and security that the right planning provides.

Would you drive without car insurance? How would you feel without the protection that liability and property coverage offers??

Would you leave your home uninsured?

Would you go without health insurance, knowing that any major medical bills could wipe you out?
In the case of the car, home, and health insurance, you're protecting against the possibility of something happening. If an insured event occurs, then your insurance will cover you, and the premiums you paid for the insurance will be more than worth it.

Estate planning is protecting against the possibility that you might become incapacitated during your lifetime, and the certainty that you will pass away one day.

So what protection and security does the right kind of planning provide?

Protecting You if You Become Incapacitated. If you become incapacitated and need help managing your financial affairs and your medical care, the people you want helping you will need the proper legal documents in order to have the authority to act for you.

Protecting Your Loved Ones. The right kind of estate planning will protect your loved ones from any of the following:

  • Creditors - whether they have creditor problems now, or some that arise in the future.
  • Predators - people who would take advantage of them after they receive an inheritance from you.
  • Poor Financial Judgment - sometimes our loved ones just aren't good at handling money.
  • Loss of Benefits - if you have a loved one with Special Needs, then having the right plan will protect their continuing benefits.
  • Family Feuds - Unfortunately, when your planning is not done correctly, horrible feuds can arise between family members, even among siblings who previously got along.
  • Divorce Loss - if one of your loved ones got divorced, would you want their ex-spouse to receive half of their inheritance? Without proper planning, that can happen.
  • Blended Families - in families where there are children from other marriages, then the right estate planning will protect against one side of the family being inadvertently disinherited.
Protecting Your Assets. The right planning will protect your assets from unnecessary expenses, and the potential for loss from creditors or a nursing home spend-down.

  • Probate Expense - If your estate goes through Probate, then your family will pay a much higher cost to administer your estate. The attorney fee to pay in Probate is calculated as a percentage of your assets, starting as high as 4.5%. For example, in Lucas County, the attorney fee for probating a $400,000 estate (gross value) would be $15,000. With the right planning, that cost could be significantly reduced, resulting in savings of up to $11,000!
  • Creditors or Long Term Care Spend Down. If you're concerned about the potential for losing your savings to a nursing home, and if long term care insurance is not an option for you, then the right kind of estate planning can help protect a large portion of your assets and preserve them for your loved ones.
Whether or not your current estate planning is appropriate for your current needs and goals is something you need to be concerned about. In our office, we offer a no-cost and no-obligation initial consultation. We meet with you to determine whether your current planning is appropriate for your needs and goals, and make recommendations for any changes that may be required. Call our office to schedule an appointment with one of our estate planning attorneys, or visit our website (http://www.chamberlain-law.net) to learn more about our services and how effective estate planning can benefit you and your loved ones.
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Friday, June 12, 2015

What Is Health Care Power of Attorney?

A health care power of attorney or a health care proxy is a document that designates a person or persons you name and authorizes that person to make health care decisions for you -- but only in circumstances when you can't make the decisions for yourself.

Thursday, June 11, 2015

Understanding of Probate - The Process of Assets Transfer After a Person's Death

When someone dies, his or her assets should go through probate. The probate process includes collecting the deceased's assets, paying off liabilities and necessary taxes, and administering property to heirs as per the will.

Probate of decedent's Will

During this process, authenticity of the deceased's will is to be proved in the court of law. Will of a deceased must be probated soon after his or her death. Nobody has a right to hold it back at any cost.
The decedent's attorney or the person possessing the will of decreased, will need to produce it immediately, or within the specified time. There are penalties for destroying or concealing the will.

Probate Proceedings

The procedure starts only when there is the involvement of an official executor. If you are well versed with the different kinds of laws that are involved, then you can submit your application to be the executor on behalf of the friends or relatives.
  • The first thing to do here is to file a formal request. The applications should be submitted in the local court of the same country, where the deceased lived the last days of his or her life. Along with filing the probation documents, you should also produce the original death certificate of the deceased.
  • After filing the documents in the court, it the next step is to inform the creditors of the deceased. You can advertise about the probate in the newspapers, or on any other such local media.
  • You can let the heirs and beneficiaries of the departed know about the probate process, by mailing the court notice to their respective mailing address or by emailing it to them. You will need to document every notification sent to the successors who are in the line, and submit them to the court before the probate process commences.
You can complete all the procedures within the nine months duration, which is after the date of death of your client. There are many benefits from letting your client know beforehand about what will happen with his or her possessions after death.
  • The distribution of property among the beneficiaries will take place only after clearing off the debts taken by the diseased from different sources.
  • The entire process will be completed with transferring of the deceased's possessions to the rightful beneficiaries.
The inheritance money will be handed over to the next successor in line in many ways such as, funeral expenses, debt and taxes, family allowances, costs of estate administration, etc.

Advance Inheritance LLC is one of the best financing companies in Los Angeles, CA. If you are looking for fast funding again the inheritance money that is due to you, Please visit http://www.advanceinheritance.com/. The entire process can be completed in 3-5 working days.
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Wednesday, June 10, 2015

Is An LLC Best?

I am not a lawyer, I am a Judgment Broker. This article is my opinion, and not legal advice, based on my experience in California, and laws vary in each state. If you ever need any legal advice or a strategy to use, please contact a lawyer.

A Limited Liability Company (LLC) is a state-defined entity that can be thought of as being a hybrid business entity, having some features of both partnerships and corporations.

LLC's are popular primarily because they are more flexible, and are simpler to operate than type S or C corporations. Some think LLCs save taxes, however most often, they do not.

In some ways, LLCs are similar to corporations. Both LLCs and corporations provide basic liability protection for owners and/or shareholders, and officers.

One way LLCs are different, is that LLCs have owners, and corporations have shareholders. A LLC can have several owners, called "members" or "partners", named members, for the rest of this article.

A LLC's partnership agreement defines the member relationships in the LLC, and includes an ownership agreement.

LLCs can have at least one managing member, and may also choose to appoint officers. LLCs usually have an operating agreement, that describes the LLC's function. LLC members can be any combination of individuals, corporations, and other LLCs.

Double taxation occurs when a company first pays tax on their profits; and then their officers, employees, and shareholders, get taxed again on their individual incomes.

Historically, one of the primary reasons that LLCs were chosen, was for their potential tax savings. LLCs avoid the potential double taxation problems that C-type corporations can have.

Double taxation is not really an important financial issue now, because the IRS has caught up, and removed most of the way taxes could be saved on both common and creative types of income.

Now, there seems to be no tax advantages or disadvantages to forming a LLC. No matter what corporate structure or partnership one picks, they must pay taxes. Tax payments may be split up in different ways, however one way or another, income is taxed.

Single-owner LLCs are taxed the same as sole proprietorships, and file the same 1040 tax return and Schedule C, as a sole proprietor.

Single-owner entities rarely get the same liability protection that larger companies get. Multiple-owner LLCs may potentially provide better liability protection than some corporations.

Multiple-owner LLCs are taxed the same as partnerships. Partners in a LLC file the same 1065 partnership tax return, as would be done with any conventional business partnership.

Owners of LLCs are considered to be self-employed, and must pay a self-employment tax of about 15%, on the total net income of the business.

In C or S corporations, only the salary paid to employees is subject to employment tax. The IRS monitors salaries, and will define income as salary, if they think a company is not paying adequate salaries. Payroll taxation is expensive.

The actual advantages of LLCs over S or C corporations is that they are:

1) Much more flexible in ownership.

2) Simpler to operate.

3) Not subject to as many corporate formalities, or reporting requirements.

4) Owners of a LLC can distribute profits any way they want.

Usually, the state, county, and city, requires LLCs to pay them the same taxes, fees, and registration fees, as corporations must. Also, many states require LLCs to hire an accountant to prepare the LLC's tax returns.

LLCs no longer save you money. The best reason to choose to form a LLC, is the flexibility they offer.

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Tuesday, June 9, 2015

The Advance Directive for Health Care: An Overview

An advance directive for health care is a legal document in which you state the medical treatment you want to receive at some time in the future if you are not able to speak or make sound decisions for yourself. Other names for it are advance directive, health care directive and medical directive. It consists of three parts: the living will, power of attorney and do not resuscitate form (DNR).

The living will is the part of the set of documents in which you make known to your doctor and family members the kind of care you would like to receive as you near the end of life and you can no longer speak for yourself. It is prepared in advance of circumstances requiring its use and does not override your expressed desires.

Therefore, your consciously stated desires will always prevail over what's in the document if the two don't agree.

A living will might specify the withholding and/or withdrawing of treatment. It can be general or specific. A general one usually includes wording that directs the withholding or termination of any treatment, other than that for comfort, if you have a terminal illness. More specific instructions apply to the withholding or withdrawing of specific forms of treatment. They might include things such as artificial feeding, intravenous fluids, or intravenous antibiotics.

A medical power of attorney is that part of the health care directive which allows you to appoint someone to act in your behalf in directing your medical treatment if you are not able to speak for yourself or make sound decisions. The health care power of attorney goes into effect when your physician decides that you are no longer able to understand the nature and the consequences of your treatment decisions.

The term for the person appointed to make these decisions is health care agent (proxy). It is most commonly a family member or close friend who fully understands your treatment wishes. The proxy cannot be a physician or other health care provider involved in your treatment though.

With the exception of state restrictions or limitations listed by you on the power of attorney form, your health care proxy will make all decisions with regard to your treatment once the medical power of attorney goes into effect. Therefore, it is very important that the proxy have a good understanding of your wishes.

In order for the document to be official and legal, you must fill out and sign the medical power of attorney form. Your health care agent must also sign the form. You can revoke the document at any time.

The do not resuscitate (DNR) form is the part of the advance directive for health care that allows you to instruct healthcare personnel to not attempt to revive you if you stop breathing or your heart stops beating. Unless the form exist and is visible medical personnel will assume that you consent to attempts to revive you. Those attempts might include the placement of a tube down your windpipe, chest compressions and the use of electrical voltage to stimulate your heart.

The do not resuscitate form is particularly valuable outside of the hospital, e.g. in situations where paramedics are called to a home. In that setting, it is important to have the form visibly on display where the emergency crew can see it. Otherwise, they will attempt resuscitation if it appears to be indicated.

Medical advance directive forms can be obtained from a number of sources including medical offices, hospitals, attorneys, social workers and some post offices. You can also draft your own. Because states regulate advance directives each state has its own official living will, medical power of attorney and do not resuscitate forms. Therefore it is probably best to use your state's official forms in order to be fully compliant with all your state's laws.

Victor E. Battles, M.D. is a board-certified internist with 30 + years of patient contact. He has been a principal investigator in several clinical research trials and is the founder of ProHealth Insight.
For articles on health care visit Pro Health Insight.
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Sunday, June 7, 2015

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

Saturday, June 6, 2015

Friday, June 5, 2015

Wills Vs. Trusts: Suze Orman

Finance expert Suze Orman discusses the differences between a will and a trust and why both are important to have.

Thursday, June 4, 2015

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

Wednesday, June 3, 2015

Tuesday, June 2, 2015

Monday, June 1, 2015

Estate Planning : What Is a Revocable Living Trust?

Revocable living trusts are 98 percent of living trusts; they help avoid probate and allow others to use money to take care of the trust maker. Find out what an irrevocable living trust is from an estate planning and probate lawyer in this free video on estate law.