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Showing posts with the label advanced healthcare directive

Credible Witnesses: The Notary’s Backup Plan in California

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In California, proper ID is a must for notarization, but what happens when someone doesn’t have it? Maybe a senior whose driver’s license has expired or someone who misplaced their ID right before a critical signing. That’s where credible witnesses come to the rescue! A credible witness acts as a human "ID card," vouching for the signer’s identity under penalty of perjury. Here’s how it works: You Need One or Two Witnesses If you have one credible witness , they must personally know both the signer and the notary. If you have two credible witnesses , they only need to know the signer personally—not the notary. The Witnesses Provide Valid ID Each witness must present valid, government-issued identification (yes, even they need proper ID!). They Take an Oath The witnesses swear under oath that they personally know the signer and that the signer doesn’t have acceptable ID. They Sign the Notary’s Journal For record-keeping, the witnesses’ information and signatures are recorded...

Kids Are Off to College: How to Support Your Child Legally After They Turn 18

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It's only natural, as a parent, to protect your kids, but once your child turns 18, you lose legal access to their medical, financial, and academic records. To continue supporting them, especially in emergencies, you need their written consent. This is especially important if they’re going to college. Many parents aren’t aware of this need, except for those with special needs children. For others, a prompt is often necessary. Key Steps for Parents: Get Consent: Obtain written consent from your child to access their records. This is crucial, when they go off to college. Secure Essential Documents: Durable Power of Attorney Advanced Health Care Directive/Living Will HIPAA Waiver FERPA Waiver (optional) Turning 18: Legal Changes and Actions: Legal Independence: At 18, your child can vote, be sued, take out loans, and must register for Selective Service (for males). Accounts set up for them as minors now belong to them. Medical Privacy: Health providers can't share your child...

Understanding the Function of a Will in California: A Comprehensive Guide

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In California, as in many other jurisdictions, a last will and testament serves as a crucial legal document that allows individuals to dictate how their assets and affairs will be managed after their passing. Understanding the function and importance of a will in California is essential for anyone looking to ensure their wishes are carried out effectively and legally. Let's delve into the specifics:   1. Asset Distribution: Expressing Intent : One of the primary functions of a will is to express how an individual wishes their assets to be distributed upon their death. Without a will, California's intestacy laws will determine how assets are distributed, which may not align with the deceased's preferences. Specific Bequests : A will allows the testator (the person making the will) to make specific bequests, leaving particular assets to designated beneficiaries. This can include real estate, personal property, financial accounts, and sentimental items. 2. Appo...

Understanding the Vital Role of a Living Will aka Advanced Healthcare Directive in Healthcare

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In the realm of healthcare , one document often overlooked but of immense significance is the living will. While the topic might seem daunting or uncomfortable to address, understanding its importance can profoundly impact not only your own medical care but also the well-being of your loved ones. In this blog post, we delve into the vital role of a living will, shedding light on its purpose, benefits, and why everyone should consider having one. What is a Living Will? A living will, also known as an advance healthcare directive, is a legal document that outlines your preferences for medical treatment in case you become unable to communicate your wishes due to illness or incapacitation. It provides guidance to healthcare professionals and loved ones regarding the type of care you desire or wish to refuse under specific circumstances. Why is a Living Will Important? Empowers Personal Autonomy : A living will allows individuals to assert their autonomy over their medical care, ensuring th...

Where to Look for Lost Money and Property in California

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Recently, I attended a presentation on estate planning by a local trust attorney. Not so much for having my living trust drawn up, I already have that in place (and if you don't, you might want to look into having one done,) but to introduce myself to the attorney, learn something new, and to possibly drum up more business for myself. While I am well acquainted with living trusts and wills since notarizing trust docs is part of what I do, I learned that, as of March 2023, there is 11.9 BILLION DOLLARS worth of unclaimed property sitting in the California State Comptroller's office, the bulk of which is property that lands there when people don't have a trust or estate plan! Do you have unclaimed property siting dormant just waiting for you to claim it? Or perhaps a family member has passed away; are you sure all their assets were accounted for? One quick way to determine if you have money coming to you is to check the California State Comptroller's website and perform ...

Happy Spring Equinox!

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10 Facts About Notaries

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The word "notary" comes from the Latin word "notarius," which means "secretary" or "scribe." Notaries have been around for thousands of years. The earliest known notary was a woman named En Hedu'anna who lived in ancient Mesopotamia around 2300 BC. Notaries are public officials who are appointed by the government to witness and certify the signing of important documents. Notaries are responsible for verifying the identity of the signers, making sure they understand the contents of the document, and ensuring that the signing is voluntary. In most states, notaries are required to keep a record of every document they notarize, including the names of the signers, the date of the signing, and the type of document. In some countries, such as France and Ital y, notaries are highly respected and have a lot of power. They can perform many of the same functions as lawyers, including drafting contracts and representing clients in court. I...