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Archive for the ‘Elder Law’ Category

An Enduring Financial Power of Attorney appoints the Attorney to act on behalf of the Donor in much the same way as a General Power of Attorney, but it goes further and expresses that the Attorney has authority to act notwithstanding the incapacity of the Donor. This document has achieved much greater levels of acceptance in the business and general community.

It is possible (as is the case with a General Power of Attorney) to appoint one or more Attorneys to act jointly, or to act jointly and severally. It is also possible to attach conditions or limitations on the exercise powers under the Enduring Financial Power of Attorney and to impose time limits as to when the Attorney’s powers will commence and end or periods during which they will be operative.

It is often preferable in a family situation for an Enduring Financial Power of Attorney to be as flexible as possible and therefore that no conditions or limitations be imposed on the exercise of powers. However, there are also many instances where the Donor of the Enduring Financial Power of Attorney will wish to protect his or her best interests by imposing terms and conditions as to the use of the document.

A common misunderstanding also arises in relation to the expression “Financial” within the document as, although this expression is used, the applicable legislation does not confine the operation of the document to financial matters alone, but it can also cover most legal and business situations.

It is important to obtain reliable legal advice – having regard to your own individual requirements- as to the appropriateness of the various available Powers of Attorney for your specific personal situation. It may be that all that you require is an Enduring Financial Power of Attorney but, depending upon your specific situation and requirements, it may be that it is also necessary to consider the usefulness of putting in place other Powers of Attorney, including General Powers of Attorney, Enduring Medical Treatment Powers of Attorney and Enduring Powers of Guardianship.

You are driving along minding your own business when suddenly you become aware that the flashing lights behind you is a cop pulling you over. You glance down at your speedometer wondering how much you are going over the speed limit and how much this is going to end up costing you.

This is where you start the process of getting out of a speeding ticket start. You don’t have to start these tips after the ticket has been handed to you.

1. When the cop approaches the car be presentable. It’s best to have your insurance, license, and registration ready. It also alleviates any fears the officer has if he or she can see your hands on the wheel as they aren’t going to be worried you have a gun or are pulling any tricks.

2. When you speak to the officer, be respectful and be honest. Talking in a calm tone about what was going on and how fast you were going is best. Understand that it’s up to their discretion whether they write you a ticket or not. Try the opposite of being disrespectful and you will almost always end up with a ticket.

3. If you do get the ticket, the best way of fighting it is going to court. When you go to court, do your best to be presentable. Now you might not like dressing up a little bit, but every little advantage will help you out.

4. If you haven’t had many traffic violations and really don’t have the money to afford the fines and it feels you are going to get fined for this ticket, you can always ask the judge for traffic school. A few hours in traffic school watching videos on improving your safe driving might be worth it to you over $100 or even $200 of ticket costs.

5. Challenge the ticket in court. This is a bit harder than the other tips, but if you feel that you didn’t do anything wrong, by all means challenge the ticket as it’s your right to do so. There are techniques of challenging how the cop got your speed like they may have been pacing as opposed to using proper equipment. From state to state the laws vary as to what techniques are legitimate for gaging speed, but it happens more often than not. One who admits they were going that fast will get the fine regardless so don’t do this.

You’ve gone through the trouble of creating an estate plan that includes a revocable living trust. Now what do you need to do?

Here is a checklist for you to consider:

1. Have you notified your successor trustee? You have probably named a relative, close friend, or a trust company to act as successor trustee after you die. Have you told tem about the trust? Maybe you want to go over it with them. Share your thoughts and wishes. Tell them where your valuable papers and itms are located.

2. Have you transferred title to your assets to the trust? A trust comes into being (becomes legal) when you transfer an asset (probably more than one) to it. You will need to transfer title to your bank and brokerage accounts, real estate, promissory notes held, individual stock certificates, etc., to the trust title, usually, John Smith and Jane Smith, trustees of the Smith Revocable Trust, dated January 1, 2005 (or something similar).

3. What about your thoughts on burial or cremation? Do you want to be kept on life support no mater what your age, condition, or likelihood of survival might be? Have you decided who will be in charge of making decisions for you if you can’t?

4. Are there assets that are not in your trust (retirement plans, IRA accounts, life insurance) that your trustee needs to know about?

5. Is there a change in your life or family that requires a review or revision to your estate plan? Have you recently received an inheritance, remarried, or have a close one die? All of these events should prompt a review of your estate plan and revocable living trust documents.

This is a short list to get you thinking in the right direction. The point is that once the revocable living trust is set up, your work and attention does not stop. You need to maintain the revocable living trust so that it can deliver all of the benefits that it can promise.

Do you know What is a Irrevocable Trust? If you don’t, you are not the only person. Many people that do not have an understanding of what the meaning of an irrevocable trust is.

Although you may not know the meaning of the word, you have probably heard of trust before. When it comes to trusts there are two kinds. One of them is revocable and the other is irrevocable.

Now to give you a better understanding, it is important to get the gist of what a trust is. A trust involves a legal arrangement that a person makes for the things they own for when they die. This arrangement comes down to a written document, called either Trust agreement, or a Declaration of trust.

The individual who makes the document and bares the estate is the trustor or grantor that is listed. The other individual, who is given rights to the property for someone else, is listed as the trustee. This person has the obligation to protect the assets that are transferred within the trust.

Irrevocable trusts differ slightly than the general definition of a trust. Irrevocable trusts are when the grantor, or trustor no longer has legal control over the assets. This applies even in the case the person is alive.

There is still a trustee involved, who has the responsibility of managing the assets in the best interest for the beneficiary. The trustee should carry out the wishes of the trustor. Additionally, some tax benefits come along with these kinds of trusts.

Inter vivos trusts and living trusts refer to those who set up the trust while they are alive. Testamentary trusts, refer to those who put the information contained in their wills. A lot more information exists, in relation to irrevocable trusts. The best thing to do, is get all the information you can. This way you will know what you are getting yourself into.

The say that you cannot make regulations on morality and if you do they will end up hurting all the decent people, and so, when looking at the elder care facilities and all the people that work in senior care assisted living facilities or old folks homes it appears there are some problems brewing. How so you ask?

Well, there have been TV shows like 60-minutes which have shown elder abuse in such facilities, and this has really shaken the core of those with parents in such homes. Unfortunately, whereas this is absolutely inexcusable, elder abuse certainly does not occur in all such senior care establishments. But because the public is now concerned and to prevent abuse, increase regulations on the industry have been placed, supposedly to prevent these horrific activities and abuse.

Now background checks are done, which is a wise thing, but also lots of on-going education to teach people ethics and all the new common sense regulations. Of course, if someone is going to abuse someone else, especially a senior citizen, then they are going to do it when no one is looking and it is the people involved who are criminals. So, there isn’t much you can do to stop such criminality.

What is happening now is that we have laws in placed to prosecute people and regulations in place to make all facilities follow rather structured guidelines, but in doing all this all we’ve really done is add a layer of bureaucracy and created more lawsuits over rules, and thus, raised the cost of care, which is already far too high. Please consider all this.