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Old 06-02-2003, 12:21 PM   #51
theking
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Quote:
Originally posted by Kimmykim



Another one that thinks they know more than they do.

Here ya go smartass.

http://www.uslivingwillregistry.com/info-english.shtm
The link is DNS error.

PF had a "living will" just as I described. My mother has a "living will" just as I described. I have a "living will" just as I described. I know at least a dozen or more people that have a "living will" just as I described. It is every day common.

What is it that you do not understand about this?
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Old 06-02-2003, 12:24 PM   #52
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Quote:
Originally posted by quiet


i'm in Canada. everything automatically goes to the govt if you don't decide beforehand.
REALLY??? I didn't know that! Better make one up quick, the gov't gets enough as it is!
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Old 06-02-2003, 12:51 PM   #53
theking
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Originally posted by Kimmykim



Another one that thinks they know more than they do.

Here ya go smartass.

http://www.uslivingwillregistry.com/info-english.shtm
How Durable Powers of Attorney for Finances Work
Here's the simple way to arrange for someone to handle your finances if you can't.

A durable power of attorney for finances is a simple, inexpensive and reliable way to arrange for someone to make your financial decisions should you become unable to do so yourself. It's also a wonderful thing to do for your family members. If you do become incapacitated, the durable power of attorney will likely appear as a minor miracle to those close to you.

That's because if you become incapacitated and you haven't prepared a durable power of attorney for finances, a court proceeding is probably inescapable. Your spouse, closest relatives or companion will have to ask a court for authority over at least some of your financial affairs.

The Attorney-in-Fact's Job
When you create and sign a power of attorney, you give another person legal authority to act on your behalf. This person is called your "attorney-in-fact" or, sometimes, your "agent." The word "attorney" here means anyone authorized to act on another's behalf; it's most definitely not restricted to lawyers.

Commonly, people give an attorney-in-fact broad power to handle all of their finances. But you can give your attorney-in-fact as much or as little power as you wish. You may want to give your attorney-in-fact authority to do some or all of the following:

use your assets to pay your everyday expenses and those of your family
buy, sell, maintain, pay taxes on and mortgage real estate and other property
collect Social Security, Medicare or other government benefits
invest your money in stocks, bonds and mutual funds
handle transactions with banks and other financial institutions
buy and sell insurance policies and annuities for you
file and pay your taxes
operate your small business
claim property you inherit or are otherwise entitled to
transfer property to a trust you've already created
hire someone to represent you in court, and
manage your retirement accounts.

The attorney-in-fact must always act in your best interests, maintain accurate records, keep your property separate from his or hers and avoid conflicts of interest.

When a Durable Power of Attorney Takes Effect
A durable power of attorney can be drafted so that it goes into effect as soon as you sign it. Or you can specify that the durable power of attorney does not go into effect unless a doctor certifies that you have become incapacitated. This is called a "springing" durable power of attorney. It allows you to keep control over your affairs unless and until you become incapacitated, when it springs into effect.

You must specify that you want your power of attorney to be "durable." If you don't, it will automatically end if you later become incapacitated. (Or, if your document is springing, it will never take effect at all.)

Creating a Durable Power of Attorney for Finances
To create a legally valid durable power of attorney, all you need to do is properly complete and sign a fill-in-the-blanks form that's a few pages long. Some states have their own forms, but it's not mandatory that you use them.

Some banks and brokerage companies have their own durable power of attorney forms. If you want your attorney-in-fact to have an easy time with these institutions, you may need to prepare two (or more) durable powers of attorney: your own form and forms provided by the institutions with which you do business.

You must sign the form in front of a notary public. In some states, witnesses must watch you sign. If your attorney-in-fact will have authority to deal with your real estate, you also need to put a copy on file at the local land records office. (In just two states, North and South Carolina, you must record your power of attorney at the land records office for it to be durable.)

When a Durable Power of Attorney Ends
Your durable power of attorney automatically ends at your death. That means that you can't give your attorney-in-fact authority to handle things after your death, such as paying your debts, making funeral or burial arrangements or transferring your property to the people who inherit it. If you want your attorney-in-fact to have authority to wind up your affairs after your death, use a will to name that person as your executor.

Your durable power of attorney also ends if:

You revoke it. As long as you are mentally competent, you can revoke a durable power of attorney at any time.
A court invalidates your document. It's rare, but a court may declare your document invalid if it concludes that you were not mentally competent when you signed it, or that you were the victim of fraud or undue influence.
You get a divorce. In a handful of states, including Alabama, California, Colorado, Illinois, Indiana, Minnesota, Missouri, Pennsylvania, Texas, Washington and Wisconsin, if your spouse is your attorney-in-fact and you divorce, your ex-spouse's authority is automatically terminated.
No attorney-in-fact is available. To avoid this problem, you can name an alternate attorney-in-fact in your document.


"Your durable power of attorney automatically ends at your death."

Unless...

"If you want your attorney-in-fact to have authority to wind up your affairs after your death, use a will to name that person as your executor."

As I said...no probate invovled...and no hassle as you already own and have control of all designated assets. Sell stock...withdraw funds...transfer funds...power to sign all deeds etc. 100% control over all designated assets.
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Last edited by theking; 06-02-2003 at 12:54 PM..
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Old 06-02-2003, 12:54 PM   #54
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Quiets will...

1)I leave my GFY persona legacy to Hybrid



that is all
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Old 06-02-2003, 02:55 PM   #55
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How can anyone not have a will?
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Old 06-02-2003, 02:58 PM   #56
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gotta have the final plan in place.
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Old 06-03-2003, 07:35 PM   #57
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Care to respond Kimmy?
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Old 06-03-2003, 07:56 PM   #58
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Maybe I'm retarded here - your 'living will' terminates the moment you die - then youf 'will' goes into effect. So basically, if they didn't transfer everything before your heart stopped beating - it falls under the 'will' and not 'living will' -


Your statement:
It is everday common to have a "living will" drawn up and is 100% legit...that makes you rank among the dumbest not to be aware of it. It is simply signing over your assets prior to death via the power of attorney. Simple...clean...and hassle proof.

Is incorrect - you haven't signed your assets over - you are giving them 'Power of Attorney' to do whatever they need to do if you become incapable of doing it - or choose to hand it over rightaway - which leaves you with zilch if they make bad investment decisions.

What KimmyKim and SleazyDream were saying is exactly what a 'Living Will' is used for - you're making it seem like it rolls over when you die - then they become you're Executor and your executor has go by all the standard laws - you haven't spared anyone any taxes unless they've transferred the money and did their transactions before your death - and even then, it can be judged as 'conflict of interest'
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Old 06-03-2003, 08:39 PM   #59
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Originally posted by Trixxxia
Maybe I'm retarded here - your 'living will' terminates the moment you die - then youf 'will' goes into effect. So basically, if they didn't transfer everything before your heart stopped beating - it falls under the 'will' and not 'living will' -

Your statement:
It is everday common to have a "living will" drawn up and is 100% legit...that makes you rank among the dumbest not to be aware of it. It is simply signing over your assets prior to death via the power of attorney. Simple...clean...and hassle proof.

Is incorrect - you haven't signed your assets over - you are giving them 'Power of Attorney' to do whatever they need to do if you become incapable of doing it - or choose to hand it over rightaway - which leaves you with zilch if they make bad investment decisions.

What KimmyKim and SleazyDream were saying is exactly what a 'Living Will' is used for - you're making it seem like it rolls over when you die - then they become you're Executor and your executor has go by all the standard laws - you haven't spared anyone any taxes unless they've transferred the money and did their transactions before your death - and even then, it can be judged as 'conflict of interest'
It is extremely simple...I have an attorney make out a will...in that will I designate what of my assets are to go to whom...in that will I designate my executor...in that will I give the executor Durable Power of Attorney. If I become mentally incapacitated before I die the executor has the Durable Power of Attorney to do anything that he wants to do with my assets...anything...if I die the same thing applies. There is not any way for anyone to challenge the person that I have given the Durable Power of Attorney because the Durable Power of Attorney was granted while I was of sound mind. There is not any Probate Court involved or any attorneys invovled after my death. The only standard law that one abides by is that of the Durable Power of Attorney period. Paying taxes has nothing to do with the will or Durable Power of Attorney...taxes are a totally different matter. It is a "virtual" signing over of your assets via the Durable Power of Attorney.It cannot be judged a conflict of interest period. As far as bad investment decisions go...if a person makes bad investment decsions...while they are alive and of sound mind that is their privilege.

If you think there is anything illegit about it simply ask your attorney? It is everyday common.
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Last edited by theking; 06-03-2003 at 08:52 PM..
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Old 06-03-2003, 10:37 PM   #60
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This thread is both boring and depressing....


Screw you guys, Im going home
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Old 06-03-2003, 10:42 PM   #61
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Quote:
Originally posted by theking
Care to respond Kimmy?
Yeah dumbass I will, sorry it took me a day but I was having surgery yesterday -- perhaps excercising MY living will if something had gone wrong.

The link is not a dns error but here's some pertinent text for you pathfinder.

Make your choices known in an advance directive.
An advance directive is a legal document in which you state how you want to be treated if you become very ill and there is no reasonable hope for your recovery. Although laws vary from state to state, there are basically two kinds of advance directives.

1. A living will is a legal document in which you state the kind of health care you want or don't want under certain circumstances.

Any more peanut gallery comments there speedbump?

2. A health care proxy (or durable health care power of attorney) is a legal document in which you name someone close to you to make decisions about your health care if you become incapacitated.

You can have both - a health care proxy naming a person to make the decisions, and a living will to help guide that person in making the decisions
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Old 06-03-2003, 10:48 PM   #62
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Oh my GOD - Kimmy just ran over theking.


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