The New York Times Reports:

u-s-to-bar-arbitration-clauses-in-nursing-home-contractsNursing homes have long blocked abuse and harassment claims from reaching courts. A major new federal rule puts a stop to that.

The federal agency that controls more than $1 trillion in Medicare and Medicaid funding has moved to prevent nursing homes from forcing claims of elder abuse, sexual harassment and even wrongful death into the private system of justice known as arbitration. Read more

What is a power of attorneyThere are several circumstances, wherein an individual is unable to manage his property or finance related matters for a specific length of time, owing to a prolonged overseas trip or a major health condition that renders him physical incapable of doing so. A power of attorney is just the type of legal provision that helps you to delegate the responsibility of your property and finance management in the event of your prolonged absence.

What is a power of attorney?

A power of attorney, also known as letter of attorney is a legal document that authorizes an individual to take up the responsibility of representing or acting on the behalf of another individual regarding the latter’s business, legal or other private affairs. The person who creates the power of attorney is referred to as the grantor, principal or donor. On the other hand, the individual who is appointed as the representative is referred to as the agent or the attorney. Depending upon the power of acting upon the power of attorney, whether the grantor is capable of making decisions for himself or not, a typical power of attorney can be broadly classified into two basic categories namely an ordinary power of attorney or an enduring power of attorney, respectively. In addition to managing finances and business related affairs, the power of attorney also offers provisions to the agent to make decisions regarding health care facilities and also for recommending a guardian.

What are the prerequisites for appointing an agent?

One of the major key factors in deciding upon an agent for your power of attorney is, trust. The agent can be chosen from among a variety of your associates such as a relative, friend, a legal attorney or even an organization. It is utmost essential to appoint an individual who is keen on ensuring your best interests and respects your wishes without having the evil mindset of abusing the powers bestowed upon him. The agent is obligated to keep a detailed record of all transactions that he makes on the grantor’s behalf and also to provide frequent updates of the same to him. In case the grantor is incapable of reviewing the updated records himself, he may direct the agent to pass on such information to an appointed third party. As far as an agent’s legal liability is concerned, he cannot be penalized for doing something wrong unless it is something done intentionally. Such statue is stipulated in order to encourage individuals in shouldering the responsibility of becoming an agent to someone who is dire need of creating a power of attorney.

Why you need a POA lawyer?

The creation of a power of attorney requires an enormous amount of intricate paperwork, which might be a daunting task for a layman to accomplish. In addition to this, a POA provides complete authority over your business, finance and healthcare to another individual, which implies that there are several considerations to be made before you appoint an agent. A legal POA lawyer can help you zero in the right candidate for your power of attorney, by making you understand the repercussions of appointing someone who might end up using it against you.

In case you are looking for legal assistance for creation of your power of attorney in the greater Daytona area, you may check out the website https://www.simmslawfirm.com.

To contact Florida attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Volusia County Will Preparation Lawyer | Daytona Attorney | New Smyrna  | Port OrangeWe spend a chunk of our lives slaving away to make a living for our family, and saving most of what we can. With this hard earned money we make investments in real estate, shares and in buying our personal assets. All of these aforementioned assets may be collectible referred to as your estate. For ensuring that your estate is passed on to the rightful beneficiary after your demise, you need to create a will.

What is a will and why do you need one?

As per its textbook definition, a will is a testament or a legal document, wherein an individual may stipulate his wishes regarding the distribution of his property and estate post his death and appoint an executor who is supposed to manage the estate for as long as the final distribution is carried out. To put it more simply, a will states the names of one or more beneficiaries to which an individual wishes to pass on his property and assets after he dies. In addition to this, an individual can also specify the name of one or more persons who are to take care of his property after the formers demise, and see to it that the distribution is made as per the instructions stipulated in the will.

The primary reason why you should consider making a will of your own is the fact that it allows you to ensure that your hard-earned money and assets are in safe hands even after your death. It helps you to fairly distribute your personal belongings such as family heirlooms, investments, property and other assets among their rightful heirs, when you are no longer alive to take care of them. In case you have minor children, a will allows you to make appropriate arrangements for them, so that they would want for nothing even when you are not around to fend for them. A will also minimizes the chances of any financial conflicts and disputes regarding your property distribution, among your surviving family members. In addition to this, if you are a person with a charitable bent of mind you can also appoint a part of your estate to be given away as donation for charity to such trusts and organizations.

Why do you need a lawyer to create a will?

Although, the basic concept of a will is pretty simple, it is the structure that needs you to seek legal advice for its proper documentation and execution. The fact that separate state laws specify different stipulates for what can or cannot be included in a will, makes it utmost essential to seek legal advice of a will attorney who can assist you in creating your will as per your state laws. Furthermore, there are other individual circumstance specific laws regarding who can be appointed as your wills executor, witness and your representative for managing your will. In some complex cases, you might need sound legal advice to handle the creation of your will, wherein you have minor children, or children from a divorced spouse or even in cases wherein you need to decide how to proceed with your will’s instruction if your named beneficiaries die before you.

In case you are looking for professional legal advice for creation of your will in the Volusia County region, you may visit the website https://www.simmslawfirm.com for setting up an appointment with few of the most proficient will attorneys in the state.

To contact Florida attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Greater Daytona Area Estate Planning Attorney

If you are a resident of the Daytona area or of Port Orange or of Volusia County or anywhere in the surrounding areas and need estate planning, look no further. There are plenty of registered law firms in these areas who can advise you regarding estate planning.

Daytona Beach Estate lawyerEstate planning is a way of ensuring that your family is taken care of and provided for even after you are gone. Simply put, it is the legal term used for planning what to do with your assets, property and other valuable belongings after your death.

The earlier you do the planning, the better it is. You would like to be in sound health and mind when you are doing it. You also get to decide who gets what. Properly planning an estate will take care of your taxes as well. Here is a beginner’s guide to estate planning.

Drafting and processing a will

You have to be very thorough when planning your will. A will must cover all your possessions and all sorts of bank and other accounts. Your pension or retirement account should have the name and information of the beneficiary and all other legalities sorted out. Your will should mention clearly who inherits what and how much allowance anyone receives.

A guardian or guardians will have to be appointed for your minor children (if there are any). If your children are too young, you will have to create a trust so that they do not get their share of the entire amount of money or property you are leaving behind for them. A trust ensures that your children continue to receive their inheritance in certain amounts till they reach adulthood or a certain age.

A will has to go through the probate process before it can be executed. The process involves the reading of the will and the time taken to hand over the inheritance to the appointed heirs. The time taken to complete this process can last between 6 months and a year.

Trusts

The probate process of the will can be avoided by creating a living trust. Trusts can have assets as well as money. Trusts take proper care of your estate till they are handed over. Different types of trusts can be created after the name of individual beneficiaries. You can have charitable trusts as well.

Taxes

You need to pay taxes for your planned estate as well. But taxes are not levied on all estates. If your estate is taxable, the taxes should begin to be paid 9 months after your death. But estate taxes keep on changing depending on the government’s policies. You should plan properly with your lawyer regarding ways of minimizing taxes and protecting your assets from taxation. Proper ways of meeting tax demands should also be mapped out.

If you are a resident of greater Daytona and need help regarding estate planning or understanding the laws related to it, do not hesitate to contact an estate planning lawyer in your area today.

To contact Florida attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882
Toll Free: 877.447.4667
New Smyrna Beach Office:
629 N. Dixie HWY
New Smyrna Beach, FL 32168
Local: 386.256.4882
Toll Free: 877.447.4667

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