Friday, August 10, 2007

Dui Help: Refuse Dui Pre-screening Tests

In most states, if you are suspected of drunk driving, you must take a blood alcohol content test such as a breathalyzer when asked to do so by police or face very harsh penalties. But police must have reasonable suspicion that you have been drinking before they can ask you to take a BAC test.

To establish reasonable suspicion police use a range of questions and DUI pre-screening or field sobriety tests. You are not required to answer the questions or to participate in any of the tests. If you do go along with these tests you are only giving the officer the reasonable suspicion he or she needs to require you to take a BAC test.

Refuse to Have a Nice Chat and Avoid a DUI Test
One of the simplest ways for police to get the reasonable suspicion they need to administer a BAC test is to just ask you if you have had anything to drink. Do not admit to having had even one drink. If you do, that’s reasonable suspicion.

The officer may also ask you where you have been and what you’ve been doing. This may seem very innocent but if you admit to having been out with friends or attending a sports event or being anywhere where alcohol is commonly served you have given the officer reasonable suspicion. You are not required to answer these questions or to have a friendly chat with police.

Refuse the DUI Field Sobriety Tests
If you are stopped by police the officer may ask you to take a field sobriety test such as the one-leg-stand, finger-to-nose or the nystagmus test which involves the officer shining a flash light in your eyes and looking for erratic eye motion.

These tests have just one purpose, to give the officer the reasonable suspicion he or she needs to require you to take a BAC test. You have almost no chance of passing these tests. Some of them, like the one-leg-stand, could be difficult for a trained athlete to perform perfectly and your pass or fail grade rests not with a panel of judges but entirely with the police officer. You are not required to perform these tests and you should politely refuse to do so without getting drawn into a conversation with the officer. Don’t make excuses for not taking the test, just refuse.

The most important point to remember is that if you are charged with a DUI offence and the case ends up in court the officer must be able to justify requiring you to take the BAC test. Don’t give the police extra ammunition by talking too much or taking a field sobriety test that is all but impossible to pass.

About the Author: A DUI charge is serious and should be handled by a qualified DUI attorney. Get detailed information on specialized drunk driving lawyers in your area. http://dui-lawyer-la.com/

Traditional Lawyers Bypassed For Online Legal Services

Consumers looking for legal help for common legal matters can find legal documents online to help resolve legal issues without hiring a traditional attorney.

Online legal service sites saw an increase in the number of Americans wanting to create a will or living-will after the controversial Terri Schiavo case, which brought to the forefront the importance of having a binding legal document that, will express your wishes in the event you were unable to speak for yourself. In fact, nearly 70% of Americans don't have a will.

Legal document services online can provide immediate solutions to many common legal matters for a fraction of the cost many Americans would otherwise spend hundreds if not thousands of dollars using a traditional attorney.

Many legal document services have online forms that contain advanced provisions that are not found in do-it yourself kits or manuals. Legal documents online are written by professional attorneys with years of experience from a variety of different legal professions and backgrounds.

The process can be as simple as answering a few questions online, having a professional review your legal form for accuracy and signing off on the final version. In addition, depending on the type of document you need you can have your legal forms prepared within 48hrs.

There are a number of legal document forms that range from Incorporations, forming an LLC, Last Will & Testament, Online Divorce, Prenuptial Agreements, Copyrights and Immigration Services.

As more American consumers turn to the internet to find products and services online, finding professional legal help is now easier then ever, especially when you can create and complete your legal documents from the comfort of your own home or office.

Having the proper legal documents to protect yourself or your family is now more important then ever before. Whether you are looking to get copyright protection, file a small claims form, or start a living will, online legal services can help. The best part is you don't need to worry about expensive legal fees from a lawyer.

The best way to find help for your common legal matters is to do an online search in any search engine using keywords that describe your legal matter. You are certain to find a cheaper solution to your legal matter online.

The benefits of using online legal services are not jut saving you a lot of money but also the time you can save in having your legal documents prepared by legal professionals.




About the Author:

Kennard McGill is an online web publisher and writes articles on a number of topics. To learn more about Legal Services Online for common legal matters visit http://www.legaldocumentfinder.com.

Automobile Lemon Laws: A Means To Protect Consumer Rights

You have probably heard of automobile lemon laws before, but do you really understand the implications of these laws? As a consumer, you should, because the automobile lemon laws will serve you in situations where you end up unintentionally purchasing a lemon.

Now you might even be more confused. The lemon in question is not that citrus fruit sitting on your kitchen counter. In consumer parlance, a lemon is something that is defective or does not meet the standards, particularly a vehicle that does not run properly, has irreparable damages, or fails to conform to safety measures. Automobile lemon laws refer to legislation that protects consumers who fall victim to such defective purchases.

All states have automobile lemon laws, and the specifications of the laws may vary from state to state. However, the main idea of the automobile lemon laws is the same. Automobile lemon laws give the consumer the right to demand for repairs, a suitable replacement, or a total refund.

If you buy an imperfect motor vehicle, automobile lemon laws will require the manufacturer to provide all necessary repairs to fix the vehicle. The automobile lemon laws allow the manufacturer a certain amount of time, or maybe a predefined number of attempts to repair the car. If the vehicle is still not in order after this allowance, then the manufacturer has to replace the car, under automobile lemon laws.

As the owner of the car, you may also use the automobile lemon laws to opt for a complete refund of the defective motor vehicle. Such refunds will include not only the retail cost of the vehicle which you have paid to the manufacturer, but the taxes and fees as well. Automobile lemon laws also grant you reimbursement for expenses on rental cars which you may have used when your defective car was under repair, as well as the actual cost of the repairs themselves.

When filing charges under the automobile lemon law, you must take into consideration the period of time wherein you are allowed to file suit. This window varies from state to state, but most automobile lemon laws give you about 2 to 3 years. You must also make sure that your vehicle is still covered by the original manufacturer's warranty. For more info see http://www.knowlemonlaw.com/Articles/Pet_Lemon_Laws.php on Pet Lemon Laws

Filing a lawsuit under the automobile lemon laws is quite simple and you can probably do it yourself, but it is also a good idea to hire a lawyer specializing in automobile lemon law proceedings.

What you have to do is contact the manufacturer of the vehicle and notify them of your complaints. Take note that the automobile lemon laws will only work for you if you go straight to the manufacturer and not the dealer. Make sure that you have all your paperwork in order as these will be required in the court proceedings.

Once the manufacturer is faced with a lawsuit regarding automobile lemon laws, they will usually be accommodating and eager to repair your vehicle, or even provide a replacement. In rare cases where the manufacturer refuses to cooperate, the case will go to court and the services of an automobile lemon law attorney are necessary.

About the Author: You can also find more info on New York State Lemon Laws and Pennsylvania Lemon Law.

LLC vs Corporation: Which Is Best?

Taking the step beyond having a sole proprietorship is a good idea for nearly any business. After all, as the owner of a sole proprietorship, you and your business are considered to be one and the same. This means you are personally liable for your business. Therefore, forming an LLC or a corporation is usually a smart move.

For many small business owners, forming an LLC is the best option. This is because forming an LLC is simpler than forming a corporation. In addition, an LLC offers more flexibility than a corporation. In addition, LLC members do not have to deal with double taxation, which occurs with a corporation. This is because the tax liabilities of the business are passed on to its members and the LLC does not pay taxes on income.

For some business, a corporation is a better option. If the business will have multiple investors or intends to raise money from the public, a corporation may be the better choice. An LLC is good when there are only a few investors, particularly when they are actively involved in the daily operation of the business, but it can become more difficult to maintain an LLC when many investors are involved with the business. For a business looking to avoid overcoming resistance from its investors, a corporation is a better choice than an LLC.

Businesses that wish to offer extensive fringe benefits to its owners should also consider forming a corporation. Similarly, if the business wishes to draw in new employees by offering stock options, a corporation formation will be necessary because LLCs do not have stock. As an LLC, employees can be offered a membership interest, but this process is awkward and not the same as providing employees with stocks. Therefore, when planning to offer partial ownership in the business as an incentive, the corporation formation makes more sense.

About the Author:

You should consult with a professional lawyer to make your decision regarding incorporation or any other business decision.

Thursday, August 9, 2007

Joint Departments of State and Homeland Security Announcement

U.S. Citizens With Pending Passport Applications Allowed Temporary Travel Flexibility Within Western Hemisphere

The U.S. Departments of State and Homeland Security announced today that U.S. citizens traveling to Canada, Mexico, the Caribbean, and Bermuda who have applied for but not yet received passports can nevertheless temporarily enter and depart from the United States by air with a government issued photo identification and Department of State official proof of application for a passport through September 30, 2007. The federal government is making this accommodation for air travel due to longer than expected processing times for passport applications in the face of record-breaking demand.

The Western Hemisphere Travel Initiative (WHTI) was mandated by Congress in the Intelligence Reform and Terrorism Prevention Act of 2004 to strengthen border security and facilitate entry into the United States for citizens and legitimate international visitors. WHTI requirements for air travel took effect on January 23, 2007.

Adults who have applied for but not yet received a passport should present government-issued photo identification and an official proof of application from the U.S. Department of State. Children under the age of 16 traveling with their parents or legal guardian will be permitted to travel with the child's proof of application. Travelers who have not applied for a passport should not expect to be accommodated. U.S. citizens with pending passport applications can obtain proof of application at: http://travel.state.gov.

- Read more here - Released on June 8, 2007

Contesting a Will or a Trust. Can it Be Done?

Contesting a Will or a Trust. Can it Be Done?By [http://ezinearticles.com/?expert=Phil_Craig]Phil Craig

First, we must ask, what is contesting a will or a trust? Basically, contesting a will or a trust means that you are challenging the validity of the will or trust document.

It is similar to the flag that is thrown in a pro football game after a call by the referee.

In this case, the will or trust is assumed valid by the probate court judge. You are throwing out the flag and contesting the validity of the document in question.

Contesting a will or trust usually rests on one or two of the following factors: undue influence in executing the will or trust, or that the person executing the will or trust lacked mental capacity to execute the will or trust at the time it was executed.

What is undue influence in executing a will or trust?

Here is the definition of undue influence:
Undue Influence - Influence of another that destroys the freedom of a testator or donor and creates a ground for nullifying a will or invalidating a future gift. The exercise of undue influence is suggested by excessive insistence, superiority of will or mind, the relationship of the parties or pressure on the donor or testator by any other means to do what he is unable, practically, to refuse.

So, if you can prove that the person who executed the will or trust was acting with undue influence, that is, was acting under pressure that was unable to refuse, you may have a basis to claim undue influence. This would give you one reason to contest a will or trust.

The other method to contest a will or trust is that there was a lack of testamentary capacity.
Testamentary capacity is the legal ability to make a will. In California, for example, Probate Code Section 812 says, in part, that a person lacks the capacity to make a decision unless the person has the ability to commnicate verbally, or by any other means, the decision, and to understand and appreciate, to the extent relevant, all of the following:
(a) The rights, duties, and responsibilities created by, oraffected by the decision.
(b) The probable consequences for the decision maker and, whereappropriate, the persons affected by the decision.
(c) The significant risks, benefits, and reasonable alternativesinvolved in the decision.

So, here, to contest a will or trust due to lack or testamentary capacity, you would have to show all three elements.

This is a tough case but is not impossible. In my early legal career, I was able to obtain a $1,000,000 plus settlement for a client using the above elements.

You can find more information about wills or trusts: [http://www.livingtrustsecrets.com/sitemap.html]Click Here.

Good luck and until next time,

Phil Craig

Phil Craig is a licensed attorney and entrepreneur.He started practicing law at age 25 in 1979. He does not take on any more clients, but isadvisor to some of the biggest names in the internetworld. He shares his knowledge gained over thelast 25 years at his Living Trust Secrets newsletter site:click here: http://www.LivingTrustSecrets.com

** Attn Ezine editors / Site owners **Feel free to reprint this article in its entiretyin your ezine or on your site so long as you leaveall links in place, do not modify the content andinclude our resource box as listed above.

If you do use the material please send us a noteso we can take a look. Thanks.
Article Source: http://EzineArticles.com/?expert=Phil_Craig http://EzineArticles.com/?Contesting-a-Will-or-a-Trust.-Can-it-Be-Done?&id=15970

Free Criminal Records

Sometimes, access to criminal records for the private citizens and firms is free of charge. The person or company that wants to have the criminal record check need not spend any amount of money for having the record checked. Some courts, state, county, or federal, will not prescribe any charges for providing public accessibility of criminal records for different purposes. Some websites provide access to criminal records free of cost.

Private citizens may want to have criminal record check for monitoring the judicial system in their country. If the accessibility of records is free, they are available for a common man who otherwise cannot bear the prescribed fee. Similarly, firms may have the check before employing any new employees into different positions, particularly for high-profile jobs.

Recently, local governments have begun to open criminal records to the public through user-friendly online applications. Some state and local records websites include defendant identifiers, while other free sites do not. In some circumstances, the registrar of the court may waive the prescribed fee in the public interest in case of some criminal records check.

Sites that include free accessibility of criminal records include: www.freerepublic.com, www.virtualchase.com, www.efindoutthetruth.com, www.searchsystems.net etc. Of these Searchsystems.net is the largest and best directory of free criminal record databases online. Virtualchase.com is the guide to US criminal records. Moreover there is an efficient search engine developed by US-based Pretreive LLC. This search engine provides free and faster accessibility of criminal records. US based criminal databases are also available on the popular website called www.journalismnet.com.

Criminal Records provides detailed information about criminal records, criminal records online, and more. Criminal Records is affiliated with Bail Bond Agents.

Article Source: http://EzineArticles.com/?expert=Jennifer_Bailey
http://EzineArticles.com/?Free-Criminal-Records&id=123621

So You Want A Legal Name Change? A 'What You Need To Know' Guide.

Changing your legal name is pretty easy. Think about it – it has to be. Tens of thousandof women get married every year, I would imagine, and probably at least a majority of them go through a legal name change after they get married.

So, if you want to, you probably do not need to go through some internet service, ordering forms for money that you do not need to pay, when you could have just gone over to some government office yourself to file your own legal name change. Think about it, and do not be stupid. There are people willing to sell you anything, even when it is something that is already free.

That being said, I am pretty sure that you have to fork out a bit of cash for a legal name change. I have a friend Eddie, we used to call him who just hated his name. After years of hearing his mother saying things like ‘Edward come here this instant’ and ‘Edward, your dinner is getting cold,’ he could not take it any more.

There is something about having a name like ‘Edward’ that makes irritating sound that much worse, he used to say to me, and I guess I just took his word for it. So, as soon as he got to be 18 years old, he went straight down to whatever government office you have to go down to, and filed a legal name change. Now he is Jorge Jones, and has never been happier, as far as I can tell. So a legal name change really can make a difference in your life.

Of course, one reason why you might want to change your legal name is to erase your past. I guess that this can be helpful, but with the government ever more watchful and suspicious, it might not actually be a good idea. A legal name change might just put you on their map and subject you to increased study.

This is exactly the opposite of what you probably want to happen, so there is no point at all to it. Really, for most of us, a legal name change is not all that necessary. Your legal name might be what you sign to firms, and documents, but it does not have to be what you go by, or what your friends call you. Unless you are getting married, I suggest forgetting the legal name change all together.




About the Author:

Peter G. King provides readers with up-to-date commentaries, articles, and reviews for legal matters, law as well as other related information.

Read more articles by: Peter G. King

Article Source: www.iSnare.com

Saturday, August 4, 2007

Should You Create A Power Of Attorney?

You as an individual and principal must in creating a power of attorney give someone else the power to make decisions on your behalf. They will be the attorney-in-fact or agent, which is the person who will be sure to carry out your wishes. A power of attorney specifically outlines the powers that you allow an attorney-in-fact to have. They can be very limited or extensive such as giving the power to your attorney-in-fact to do specific tasks. This is called a limited power of attorney. The powers can be broad and enable your attorney-in-fact to have the ability to sell your property, Take loans in your name, and handle lawsuits or whatever you wish.

There are some few exceptions as the right to get married or vote. As an individual and principal you can grant unlimited power known as a general power of attorney.

The attorney-in-fact generally can only carry out an action if the individual and principal can exercise the same power. This stops the attorney-in-fact from acting when the principal is incapacitated. If an individual is unable to sign a contract the attorney-in-fact is also unable to sign a contract for the principal. But if you have a Durable Power of Attorney the attorney-in-fact is allowed to execute the powers granted by the principal even after the principal becomes ill.

At the Time of Death A Power of Attorney Ends

Whether you have a Durable Power of Attorney or you do not, at the time of death all power of attorney ends. If the individual and principal has granted attorney-in-fact rights to perform certain tasks, upon death all those rights are terminated.

How A Power of Attorney is Revoked

As long as you are alive you have the power to revoke the power of attorney. To revoke the power of attorney you must contact your attorney-in-fact that the power of attorney has been revoked. You can also detail at what date the power of attorney will expire.

A Springing Power of Attorney

A power of attorney can be designed to spring into effect if you become disabled or at some predetermined time or event. This is a springing power of attorney. The springing power of attorney prevents your attorney-in-fact from using the powers while you are able to take care of them yourself.

The attorney-in-fact must prove that the individual where your powers are concerned is in fact disabled and can not perform the tasks needed. You will need a written document from the physician or hospital that you are incapacitated.

It should be a current document and not several days old or it could be questioned as to whether you are still ill or disabled. So to save yourself, added turmoil, and be required to furnish a more current document take care of it the same day.

Instant Power of Attorney

Your powers of attorney can become effective immediately, as soon as it is signed, This is the type of power of attorney people use when they will be in another country for a long period of time and will not be available to handle such matters. It is generally a durable power of attorney that will expire in one year. You can also have provisions built into the powers of attorney will you can extent it. If you become incompetent or ill when the power of attorney expires, and you’re attorney-in-fact or agent, will need to go before the court to get approval to continue.

Medical Decisions

When you have a durable power of attorney it can be used to allow your attorney-in-fact the power to make medical decisions in case you become incapacitated. Most individuals have separate power of attorneys for medical and financial affairs. Sometimes the same person handles both powers of attorneys.

How to Choose your Attorney-In-Fact

Since this is one of the most important documents of your life it goes without saying it should be the most trusted of people with impeccably credentials who understand your wishes And how to handle your business. One other thing to bear in mind is when you give someone this power they have the ability to do as they wish, and may not follow your instructions. That’s why you must be very careful. When it comes to money sometimes people do things for their own interest. Your attorney-in-fact is a fiduciary. Which means that they are there to manage your assets to help you, and not themselves. The person you choose will be called under difficult circumstances. So generally it will be a family member or a close friend and sometimes an attorney you trust and respect. If you do not have a power of attorney in place it will fall to the laws of the state.




About the Author:

Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life. Website: http://www.legalhelpmate.com Email: jeffreyb@legalhelpmate.com

Power Of Attorney And Planning Ahead Can Help

At present, many people have not planned for their potential incompetence. There are number of legal devices that are readily available to assist people in expressing their wishes in advance. Two of these devices include a Durable Power of Attorney for Financial Decisions (General Durable Power of Attorney), and Durable Power of Attorney for Health Care Decisions. A senior citizen may become permanently disabled due to a stroke, or a young adult might be rendered temporarily unconscious as a result of an automobile accident. In both of these scenarios, the trauma thrust upon everyone involved can be overwhelming, especially when interested parties disagree about how to handle the crisis. As with most things in life, planning ahead can help.

The two devices, Durable Power of Attorney for Financial Decisions and Durable Power of Attorney for Health Care Decisions, will be discussed separately.

A durable power of attorney, is a form of agency. The person who gives the power is the principal, and the person who receives the power is the "attorney-in-fact" or agent. "Durable" in this context means that the agent's power will survive the principal's incapacity or disability. As a resultDurable Power of Attorney's, can be used as an alternative to guardianship in some states under certain circumstances, provided the principal executed the document before losing capacity.

As a general rule, a General power of attorney is also referred to as a Durable Power of Attorney for Financial Decisions, or simply a Durable Power of Attorney. A Durable Power of Attorney for Health Care Decisions is also a Durable Power of Attorney, but its authority is limited to health care decisions. In Kansas, both powers can be contained in the same document. Because these two documents convey such divergent authority to one person, many seniors choose a different person for each of these powers. The agent's authority to act for the principal under a Durable Power of Attorney is based on the powers that the principal gives to her. Whether broad, general powers or limited, specific powers are given to the agent is completely determined by the principal. Among other things, the principal may delegate to the agent in the Durable Power of Attorney the authority to make deposits and withdrawals from his checking account, to file his tax returns, and to sell his home. There are a few powers, however, that the principal may not delegate. For example, the agent cannot prepare a will, vote, or seek a divorce on the principal's behalf. In Kansas, the principal may grant a gifting" power to her agent, but this power generally must be stated with specificity within in "the Durable Power of Attorney.

Two primary methods exist to determine the effective date of an agent's power under a Durable Power of Attorney. First, a Durable Power of Attorney may confer power to an agent at the time the documents are executed and delivered. A second method reserves the agent's power until the principal has become incapacitated or disabled. Upon the occurrence of either of these events, the power springs into effect. This type of Durable Power of Attorney is labeled "springing." Kansas law provides for both types in the Uniform Durable Power of Attorney Act. Senior citizens' needs vary; therefore, no solution is best for all people. Many considerations will need to be evaluated in order to determine how the senior's needs are best meet.

A durable power of attorney is revocable by the principal while he still has capacity. If the agent has a financial interest in the subject matter of the power of attorney, the power is generally irrevocable. Most senior citizens who execute Durable Power of Attorney's are getting assistance with their day to day personal affairs and their agents do not have an ownership interest in the senior's property which would preclude revocation. In addition, revocation can be by implication, in addition to, destruction of the document or express revocation by the principal.

Other modes of termination include: death of the principal or agent, occurrence of a specific event, qualification of a guardian, or the passage of a date of expiration. Generally, after the death of the principal, the agent of a Durable Power of Attorney may bind the principal using a Durable Power of Attorney only if she does not know of the occurrence of this event.

The agent binds the principal in accordance with the laws of agency. As a result, the principal is personally liable for contracts made by the agent on the principal's behalf. The agent should follow the direction of the principal while the principal remains competent. The agent has a duty to act solely for the benefit of the principal, and if she does not, she is subjected to liability for her breach. Although this general principal is true, often the agent may not have any assets for which she may be held accountable. As a result, senior citizens are often advised to select a trustworthy person to be their agent. If the principal's competency is in question, the agent may need to seek determination of a court prior to acting against the wishes of the principal, or she may be liable to the principal for breach of her fiduciary duty.

Kansas law does provide for the recording of any instrument which affects real estate. Recording, however, is not currently required by Kansas law. If the original Durable Power of Attorney was recorded, however, any subsequent revocation should be recorded. Some states do required recording of a Durable Power of Attorney that will affect real estate.

The Kansas statutes provide for a Durable Power of Attorney for Health Care Decisions. The same basic concepts explained above for Durable Power of Attorney apply to the Durable Power of Attorney for Health Care Decisions with regard to agency law, effectiveness, revocation, and termination.

The key difference between the Durable Power of Attorney and the Durable Power of Attorney for Health Care Decisions is the authority granted. The Durable Power of Attorney for Health Care Decisions specifically grants authority to the agent to make decisions about and relating to medical treatment. For example, the agent make consent to treatment, refuse to consent to treatment, or withdraw consent to treatment. In addition to these decisions directly about medical treatment, the agent may make all arrangements at any hospital or nursing care facility, employ or discharge care personnel, request, receive, and review any information about the personal affairs or physical or mental health of the principal.

As a contingency, it is recommended that the principal select a successor to his agent. The successor attorney-in-fact may be designated in the same document as the primary attorney-in-fact. If this does occur, the Durable Power of Attorney will continue, beyond the life of the primary attorney-in-fact, provided the successor is living and competent.

A complete discussion of statutory formalities, drafting, and various tax liability is beyond the scope of this summary. It should be noted however, that most states restrict who may be a witness to a Durable Power of Attorney or Durable Power of Attorney for Health Care Decisions, and some restrict who may be an Health care agent.

This overview of the law is for referenceand education only, and is no replacement for competent legal counsel.




About the Author:

Jeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life. Website: http://www.legalhelpmate.com Email: jeffreyb@legalhelper.ws

Durable Power Of Attorney

No matter how badly we might want to, we can't foresee the future.

Everyday people are diagnosed with unexpected illnesses, or are badly hurt in an accident. Most of the time we maintain enough control over are senses that we are able to make and understand all of our medical treatments but is some instances we simply don't have the mental competency to do that.

There are some steps you can take to maintain control of your situation.

Some people like to draft a living will. A living will is a document that clearly states what treatments, drugs, and precaution you will accept. Many people include a note about situations when they do not want to be resuscitated. It is important to remember that they living wills are only good if people know where to find them. A living will that has been shoved into the back of a closet somewhere will not do you any good if you are in a coma in a hospital room.

Other people assign a person with something called durable power of attorney. The person who receives durable power of attorney is the person who will be making all medical decisions if you loose competency. This person is called the patient advocate. If you do not loose your competency doctors will not have to consult this person.

Before someone has durable power of attorney, you (in legal terms you are called the principal) must file a document that states you trust somebody (they are called either the agent, patient advocate, or the attorney-of-fact) enough to let them make medical decisions on your behalf. The agent can be any competent adult over the age of eighteen. Most people choose a family member, spouse, life partner, or friend to act as their agent. Some people even ask a bank or their family lawyer to act as their agent, although this is more common in financial matters then medical. The agent must be someone you can trust with your life, literally.

Whomever you appoint as you patient advocate you need to make sure that they know and understand your beliefs about your medical treatment, discuss every medical eventuality. Make sure that your patient advocate is comfortable with your asking that their morals won't interfere with your medical wishes. Once you have decided to give somebody durable power of attorney make sure their full name, current address, and current telephone number are included in you medical files.

It is important to make sure that the word durable is listed on the contract you sign. If the word is not on the document the document is only valid while you are alive and in full control of your mind. If the document only says power of attorney the paper becomes invalid when you are declared incompetent. Non-durable power of attorney is generally used for financial matters.

It doesn’t hurt to have a second person waiting to take over durable power of attorney if your first choice can not be reached.

Durable power of attorney is recognized in all fifty states.




About the Author:

http://www.somelivngwill.com , http://www.the-camera-shop.com and http://www.pro-street-racing-parts.com are websites that Jeff Moore writes articles for.

Power Of Attorney Power Packs In A Paper

The Power of Attorney is a legal document voluntarily entered into by two parties and duly certified by a notary public, usually a lawyer. The first and second party in the Power of Attorney are: the Principal and the Agent,respectively. In the power of attorney, the principal appoints the agent to perform a task in a legal capacity in his lieu.

The power of attorney empowers the agent to act upon any legal circumstance necessary of the principal, mostly if the latter cannot conduct with others, his legal affairs in person. This scenario happens in most cases, when the principal is gone from his domicile or away on a business trip for a lengthy period; or worse, if the principal is ill.

The power of attorney likens the agent as that of an employee as well as representative of the principal. Another popular term for the authorized agent in a power of attorney is Attorney-in-Fact.

The principal and agent who execute an agreement such as the power of attorney could either be an individual, partnership, or corporation. Both parties who execute the power of attorney should of course, possess legal capacity which means that parties must be 18 years of age or older and of normal mental capability.

When the principal authorize the agent in the power of attorney, the agent does act within the scope of the legal agreement. Therefore, the principal is also responsible for the acts that the agent entered into, in his behalf. In the exercise of the power of attorney, the agent is entitled to payment for services rendered and reimbursement for some of his expenses.

A most common use for the power of attorney is when the principal enters into a transaction such as the purchase of a real estate property. The agent, by virtue of the power of attorney, deals with the company, or owner of the property until the sale is consummated. Thus, the agent pays for and signs all the legal documents necessary (such as purchase application form, contract to sell, deed of restriction, etc.) for the business venture between the principal who is the buyer, and the property owner who is the seller.

Normally, the power of attorney is revocable or can be cancelled at any time. As such, the principal has only to accomplish the revocation of the power of attorney and again, have the cancellation duly certified by a notary public. The power of attorney also becomes null and void upon the death of the principal.

The role of the notary public in the power of attorney is vital and akin to a third force. The power of attorney becomes a legal instrument only if the notary public or solicitor, has certified the power of attorney to be so. The notary public then has to furnish copies of the notarized power of attorney to the concerned government agency that requires it. Thereafter, the power of attorney becomes a legal public document.




About the Author:

Michael Colucci is a technical writer for http://www.legal-forms-online.net - A site that offers a large selection of legal forms that can be downloaded.