Legal Blog - Legal Information
What is Power of Attorney? 
Tuesday, April 18, 2006, 03:03 PM - General
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 Atorney 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 Power Of Attorney Home
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Ten Important Steps to Follow After an Automobile Accident. 
Monday, April 17, 2006, 07:48 PM - Personal Injury
1. Get medical attention immediately. Symptoms may not show up for several days. Make sure your physician knows that you have been in an auto accident.

2. Get as much information as possible on the make, model, year, and color of all the vehicles involved in the incident.

3. Get all information available about the other driver(s) including name, address, phone number, date of birth, driver's license number, and insurance company information.

4. Talk to the police officer(s) and get their name(s), badge number, report number, and when and where a police report will be available.

5. Talk to any and all witnesses making sure to get their important information such as name, address, and phone numbers.

6. Write down as much information about the accident. The longer you wait to do this the less you will likely to remember.

7. If possible, take your own photographs of the scene as soon as possible, especially if the cars have not been removed.*

8. Take multiple detailed pictures of any damage done to your automobile.*

9. Take pictures of any injuries to yourself, including cuts, bruises, lesions, etc.*

10. Keep the following items in your car in case of emergency:

-Pens/Pencils
-Paper/Notepad
-Jumper Cables
-Flashlight
-Flares
-First aid kit
-Blanket
-Trash bags
-Rag or paper towels

*Special Note: When taking photographs, quality is tantamount to quantity. It is recommended that you use a 35mm film camera or digital camera, as opposed to a Polaroid camera or low quality digital camera. Remember, time is of the essence, so it is still best to use whatever options you have available to you at the time.

The Oklahoma personal injury lawyers at Garrett Law Office are experienced at aggressively fighting for the victims of injury and loss in Oklahoma and getting them the compensation they deserve.Please contact us at: Garrett Law Office.


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Do I Need an Estate Plan? 
Monday, April 17, 2006, 07:34 PM - Estate Planning
Many people believe that only the very wealthy need an Estate Plan. However, anyone who owns any property - a home, a car, bank accounts, stocks and bonds, jewelry, clothing, household goods, etc., or has minor children or has a desire to ensure that your loved ones and financial affairs are taken care of needs an estate plan. Your age, marital status, or wealth doesn't matter when considering whether or not you need to plan your estate.

Whatever the size of your estate, you should designate the person who, in the event of your incapacity, will have the responsibility for the management of your assets and your care, including the authority to make health care decisions on your behalf. How that is accomplished is discussed below in this pamphlet.

If your estate is small in value, you may focus simply upon who is to receive your assets after your death and who should be in charge of its management and distribution. If your estate is larger, your lawyer will discuss with you not only who is to receive your assets and when, but also various ways to preserve your assets for your beneficiaries and to reduce or postpone the amount of estate tax which otherwise might be payable on your death.

If one does no planning, then, for example, California law provides for the court appointment of persons to take responsibility for your personal care and assets. California also provides for the distribution of assets in your name to your heirs pursuant to a set of rules to be followed if you die without a will; this is known as "intestate succession." Contrary to popular myth, if you die without a will, everything does not automatically go to the state. If you have any relatives (whether through your own family or that of your spouse), regardless of how remote, they will be your heirs ahead of the state. Nonetheless, they may not be the people you would want to inherit from you; therefore, a will is the preferable approach. Although Federal law stays the same, state laws can vary from state to state, therefore it is best to have an attorney's advice.

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What are the Benefits of an Estate Plan?
Eliminate expensive probate
Eliminate court interference
Provide a quick distribution of your assets
Reduce or eliminate estate taxes
Designate guardians for your children
Ensure privacy of your financial affairs
Inexpensive and east to set up


The Basic Estate Plan
For most people, the basic Estate Plan consists of the following:
"Pour-Over" Will
Revocable Living Trust
Durable Power of Attorney for Health Care
Advance Directive to Physicians - Living Will
Durable Power of Attorney for Property
Certifiction of Trust
Transfer Documents


Most Estate Planning Attorneys Offer The Following Services
Wills
Revocable Living Trusts
Irrevocable Trusts
Powers of Attorney
Living Wills
Health Care Directives
Life Insurance Trusts
Charitable Remainder Trusts
Family Limited Partnerships
Asset Protection
Limited Liability Company (LLC)
Corporations

This information was provided by Richard H. Hallstrom, Attorney At Law, for Plan-My-Estate.Com, estate planning, living trust and asset protection information and resources.
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