Professional Documents
Culture Documents
Legal Issues
The information presented in this file should NOT be considered legal or medical advice. No additions or changes in treatment should be considered without consulting your physician first and always talk to your legal advisors before signing any docume nts.
ALWAYS make sure your attorney has extensive legal expertise with cases similar to yours
Google their names to make sure they are not involved in any claims or dubious activities
Make sure they have spent enough time in your county of residence if they are out of town
Ask ahead of time the difference between charging a percentage of the total value of the Estate vs. billing you by the hour
Make sure you understand which assets should go to probate and which should not (co-titled properties and joint bank accounts should not). Ask also about how the Executor fees could change depending on which assets go to probate Get an Accountant to help you with the numbers The following downloadable forms have been approved by the Supreme Court of Florida: Florida Living Will Florida Health Care Surrogate
To learn more about Legal documents, check the local Bar Association. In Florida, check Powers of Attorney Pamphlet If you decided to fire your lawyer (as suggested by the Fl Bar) write a letter describing your reasons for termination and send it certified mail, return receipt requested. Also, request a copy of your file, an itemized bill, and return of any property or unearned fee. Your lawyer is entitled to be paid any fees that are earned and unpaid and any costs that have been advanced, and may be entitled to assert a lien on the file until those sums have been paid.
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To make sure you are legally protected, please consider having : Durable Power of Attorney Property titled as Joint Tenants With Rights of Survivorship and Joint Bank accounts so your assets can pass directly to the beneficiaries after death avoiding probate Last Testament or Will Living Will Health Care Surrogate (in FL also called Health Care Proxy in other States) You can choose to have a Health Care or Medical Power of Attorney which combines the Living Will and Health Care Surrogate or Proxy) Pre-need Guardianship, in case a court determines you are unable to handle your medical and financial decisions HIPPA Release Form Some hospitals might request this in addition to a Health Care Surrogate Co-Parenting Agreement Anatomical Donation Form if you want to donate your body to an institution. Check with local medical schools. In Miami - http://biomed.miami.edu/ Ph. 305 243 06691 Important: Make sure all documents are compliant with your State For free forms, go to http://www.ilrg.com/forms/ For more info go to http://estate.findlaw.com/estate-planning/estate-planning-overview/ Even if you have a General Power of Attorney, most Financial Institutions will require that you and the patient sign their own custom forms. Check with them a.s.a.p. Consider a Trust and/or to have co-titled assets instead of including them in a Will If you dont have your legal affairs in order and/or are not married, please make sure you have at least a Health Care Surrogate form signed. You will need two witnesses and in some States, you might need to notarize it but for portability purposes you should always have it notarized and the Notary Public can be one of the witnesses. Always talk to your attorney and financial advisor about these documents Make sure at least two people (family or friends) know where you keep your legal documents and login information for ALL your internet accounts
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Estate Accounts
Estate accounts
An estate account is opened by the official representative of an estate (often called the administrator or executor), after a court (usually called probate court) appoints that representative. Accounts of the deceased individual are transferred to the estate account, and the estate account is used to pay expenses and collect money due to the estate (such as insurance proceeds, refunds, rebates, debts owed to the deceased, proceeds from the sale of estate property, etc.). The estate representative is responsible to the court for all the assets of the estate. He or she uses the funds in the estate account to pay taxes and other obligations of the estate (including final medical and funeral expenses, debts, etc.). Remaining funds are distributed to heirs, charities, trusts, etc., according to the decedent's will and/or state laws. (from http://www.bankingquestions.com)
Court ordered restricted estate accounts Normally used when minors are involved, and unfortunately, for most cases in Miami-Dade County All liquid assets need to go in and then distribute from the account by a court order. No money can come out until you get court approval. For people who have relatives in Cuba You need to talk with your lawyers in advance re. the naming of a court appointed guardian (there are only 5 attorneys in Miami authorized to represent Cuban citizens) and how the restricted Cuban accounts work Basically, there is no other option due to the US Cuban embargo. This Guardian will charge the Cuban citizen a $350 p/hour fee, present an invoice directly to the Court (you can ask for a copy) and will charge a percentage on the monies sent to Cuba. The inheritance could be reduced up to 50% of the original amount, mostly due to the Guardian keeping approximately 40% and the rest divided between Western Union and the Cuban Government foreign exchange fee. Make sure your lawyers explains to you this process and ask for other options. It might save you a lot of time and money to prepare a Will with all of this in mind.
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Remember Doctors are more likely to accept the judgment of a person who understands the patient's medical situation and seems to have the best interest of the person in mind.
http://www.merckmanuals.com/home/sec01/ch009/ch009f.html
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HIPPA
Health care practitioners have a duty to keep personal medical information confidential. Communication between the patient and doctor is strictly confidential. Even well-meaning family members are not necessarily allowed to have information about a person's medical condition. All people are entitled to confidentiality unless they give permission for disclosure or they clearly can no longer express a preference (for example, if they are severely confused or comatose). A federal law called the Health Insurance Portability and Accountability Act, or HIPAA, applies to most health care practitioners and sets detailed rules regarding privacy, access, and disclosure of information. For example, HIPAA specifies the following:
People should normally be able to see and obtain copies of their medical records and request corrections if they find mistakes. Health care practitioners should routinely disclose their practices regarding privacy of personal medical information.
Health care practitioners may share the person's medical information, but only among themselves and only as much as is necessary to provide medical care. Personal medical information may not be disclosed for marketing purposes.
Health care practitioners should take reasonable precautions to ensure that their communications with the person are confidential. People may file complaints about privacy practices of health care practitioners.
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A do-not-resuscitate (DNR) order placed in a person's medical record by a doctor informs the medical staff that cardiopulmonary resuscitation (CPR) should not be performed. This order is useful in preventing unnecessary and unwanted invasive treatment at the end of life.
A DNR order does not mean "do not treat." Rather, it means only that CPR will not be performed. Other treatments (for example, antibiotic therapy, transfusions, dialysis, or use of a ventilator) that may prolong life can still be provided. Treatment that keeps the person free of pain and comfortable (called palliative care) should always be given.
Most states also provide for special do-not-resuscitate orders that are effective outside of hospitals, wherever the person may be in the community. These are called out-of-hospital DNR orders and generally they require the signature of the physician and patient (or patient's surrogate).
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Financial Issues
Bank Documents
Most banks will NOT accept your Power of Attorney, but, with this document at hand, at least they will provide you with their custom forms. It will always be easier to have joints accounts or fill up the power of attorney form before you have an Make sure you also emergency, as have access to the usually, these forms safety deposit box require to be signed and/or other in front of a banks accounts official or to be (investment account, notarized savings, etc.)
If you decide to go for a Power of Attorney instead of joint accounts, most probably you will have to show them the original POA every time you visit the bank
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Financial Issues
To have Internet access to your accounts, you will need
An User ID and an internet password to be able to access your accounts can be very useful in case of emergency The initial set up is very simple and can be done in a few minutes If you are planning to pay bills and/or make transfers to other banks, you most probably will be required to sign some specific forms (and maybe notarized them). This process takes some time and it would be difficult to accomplish if your partners is disabled. Also, once you have everything in place, you will be allowed only to make a couple of trial transfers for a minimum dollar amount. After a few days, you will be able to transfer full amounts, which normally take 3 to 5 days to show up in the new account Most banks do have some limits to the total amount you can transfer via the internet. Make sure you are aware of these limits
The Web
Your friend in times of trouble
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Disability Docs
What You Will Need to Apply On-Line The online Adult Disability and Work History Report will ask for information about you, your medical history, and your work and education history. The list below shows details about the information you will need: About You Your Social Security Number, name, address including ZIP code, telephone number, and e-mail address if you have one. The name, address including ZIP code, and telephone number of someone else who knows about your conditions. A description of your conditions, including when they began and how they keep you from working. Medical History The names, addresses including ZIP codes, and telephone numbers for all doctors, hospitals, and clinics that you have seen for these conditions and the dates you saw them. The name of each medical test that you have had, when and where the test was done, and who ordered it. The name of each prescription medicine that you take and the doctor who prescribed it. The name of each non-prescription medicine that you take. Work and Education History (if applicable) All the types of jobs you held in the last 15 years before you became unable to work because of your conditions. A description of the work you did. Information on your education and training. When your payments start Under the law, your payments cannot begin until you have been disabled for at least five full months. Payments usually start with your sixth month of disability. When Social Security tells you that you will be receiving disability benefit payments, the notice explains how much your disability benefit will be and when your payments start.
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Disability
Some TIPS to process your Disability Claim - http://www.disabilitysecrets.com/tips.html
Take everything you are told about your Social Security Disability claim with at least one grain of salt.
Get copies of your medical records and supply these with your SSD or SSI disability application.
Respond to letters and notices regarding you disability case promptly--from social security, DDS, or your attorney.
The rule of three always applies--for those who are applying for benefits or appealing a denial.
If you are denied for Social Security Disability or SSI, you will need to file an appeal.
Call DDS for updates on your SSD or SSI claim, not the local Social Security office. The DDS Examiner, at Disability Determination Services, is the individual who actually works on your social security claim for disability benefits. In any state, the number for DDS can always be obtained from your local Social Security Office.
Representation will increase your chance of winning Social Security Disability or SSI benefits. If you have dire financial problems and have a Disability case, let people know.
If you have representation on a Social Security Disability or SSI disability case, keep your attorney or non attorney representative fully informed.
If you have child support obligations which you cannot fulfill, ask your attorney or representative to help.
Contact your congressman or senator to help you with your Social Security Disability or SSI claim.
If you have been approved for Social Security Disability or SSI, you will receive... Get your doctor to write a supporting statement for your Social Security Disability or ssi case. Make sure your doctor REALLY DOES support your SSD or SSI disability case.
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RELEASE AND WAIVER OF LIABLILITY: I hereby release the State of Florida, the Board of Governors, the University of South Florida, WUSF Public Broadcasting, and their officers, employees and agents (hereinafter collectively USF) from all actions, damages, or claims which I or my assigns may have against them which may be incurred as a result of the information presented in this Guide.
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