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Archive for September, 2007

Securing Your Future With a Power of Attorney

Posted by dmf32835 on September 27, 2007

If you’re like most of us that worry about our future and protecting our property/estate then you need to know how executing a Power of Attorney form can protect you.

All 50 of the U.S. states have a Power of Attorney form that you can use to give one or more person(s) the right to act on your behalf, which you can limit to one specific activity, situation, and/or event in the future. Also, if you wanted you could empower someone to act on your behalf for a variety of tasks.

A Power of Attorney can be either immediately effective or it can be exercised exclusively on the occurrence of an event in the future. In the Power of Attorney you may specify whether the right to act on your behalf is temporary, continuous or permanent.

If later on you decide you want to revoke the Power of Attorney given to the declared person(s) you can do so. You will need to file a form called a Revocation of Power of Attorney form. Some states may require a “revocation copy” along with your Revocation of Power of Attorney form. A revocation copy is a copy of your original Power of attorney form with “REVOKE” written in large letters at the center top and then signed plus dated.

You may be wondering why it might be necessary to give anyone else the power to act on your behalf. Consider this, what if you were buying assets and you couldn’t be there that day, your declared Power of Attorney could make that legal transaction for you on your behalf. A Power of Attorney is not simply for convenience though. What if you were incapable of acting on your own behalf because of an illness, unconsciousness, or because of an accident; your Power of Attorney could make those vital, life-saving decisions, and have the directive along with the legal authority to inform the medical staff of your healthcare wishes. Some people get more specifically what is called a Healthcare Power of Attorney form that empowers someone to act on your behalf just for a medical situation/event.

In some situations where you are unable to manage your own personal or business affairs, and you don’t have a Power of Attorney, then the court may appoint someone to act for you. You will not have a say as to who maybe appointed. However, if you have a Power of Attorney the right to choose a person to act on your behalf and the authority given to them is totally up to you.

If you have not yet filled out a Power of Attorney form, it is about time you started thinking about getting one. It will remain valid as soon as you sign it and it will stay valid until you die or when you revoke it.

“Securing Your Future With a Power of Attorney” is brought to you by Legal Forms Bank .Biz where you can download your state’s legal forms online. Download your state’s Power of Attorney form and/or Last Will and Testament online today.

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Will Your Advance Directive Survive You?

Posted by dmf32835 on September 11, 2007

An advance directive is also known as a living will form, and it is a document that specifies your wishes if you become mentally incapacitated or unable to communicate those wishes to your health-care provider yourself. In a living will form you can specify whether or not you want specific treatment or life support.

A living will is unlike a regular legal will because most courts will recognize and respect your wishes even if it is contrary to some people’s interpretation of the current state/federal laws.
With that said, sometimes doctors will be sued for malpractice when he or she has been put into a situation where they must decide whether to treat a patient who may recover, or follow the wishes expressed in the patient’s living will form.

As you may well know, there are always circumstances and events which we could never predict, especially where death is concerned. Where a family member or spouse has doubts about whether you would make the same decision now, knowing all the facts, can use that as their grounds to challenge the contents of a living will in court. If they’re explanation is compelling enough, they have a good chance of convincing most courts.

Since there is no legally specified standard for living wills, you can’t just go to the courthouse and buy a copy of one. You must seek out a living will form from a law firm, or website. Although you can find free living will forms they are usually fairly basic but are most likely good enough to provide a standard written declaration.

Even though there is no legal specific standard legislated, all living will forms have a fairly similar structure. These include:
1) the choice to prolong life
2) whether or not painkillers should be used as needed or used regardless of the consequences
3) the contact details of your personal doctor
4) whether or not you wish to donate any 1 or more of your organs and for what reason
5) you must include a declaration that it is your wish and right to refuse medical treatment and that you are well informed of what this means.
6) finally you must sign the form along with two witnesses

This article was brought to you by Legal Forms Banks .Biz where you can download legal forms online. Download your state’s power of attorney form and/or living will form online today.

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