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A Living Will?

Would you like to find out what those-in-the-know have to say about Living Will? The information in the article below comes straight from well-informed experts with special knowledge about Living Will.

A living will is a special document that has legal and binding authority. It is written specifically by a person to detail his wishes and requests covering specific medical procedures and treatments needed in case of adverse medical conditions. If you become unable to speak or decide about getting medical attention, the living will could be your way of being in control and having to decide for your life. The decision could not be made on the moment itself but it could be written in anticipation.

There are just many other information and things people should learn about living will. In definition, a living will, and all other legal advance directives, is a written instruction about a person?s specific medical care preferences and choices. If you make one, your family and your doctor would automatically consult the document in case you become unable to decide for yourself regarding significant medical treatments and procedures. Take note that the document could be drafted and prepared by you, but there should be legal or lawyer?s assistance and presence to make it valid and binding.

For sure, the living will may not be equally important and necessary as a will (last testament) or a living trust, but more and more people nowadays are deciding to have one, with regards to high medical costs. In comparison, a last will (more popularly known simply as ?will?) is also a legal document that is duly signed by a person in the presence of a legal witness who describes how that person wishes his assets and wealth to be divided by family and descendants upon death. Most opulent people are advised to have a will at hand. In fact, some wealthy individuals start to write their will early in life and subject that testament to numerous modifications and changes as time goes on.

Sometimes the most important aspects of a subject are not immediately obvious. Keep reading to get the complete picture.

For its part, the living trust is mostly considered as an alternative to will or last will. It also details distribution of estate of a person during and beyond his lifetime. The owner of the estate designates a trustee to manage all his declared assets, which would then be automatically transferred into the possession of the trustee. Thus, in a living trust, the person or estate owner need not be dead for the assets to be turned over to other people.

Any person could always specify in the living will the desire to have any of body organs removed and donated to other people who need transplants. Some people still are not aware of this. The body could even be donated to any medical school that is always in need of corpses for medical and scientific studies.

A living will is effective only when the person becomes incapacitated. He should not be able to decide or say what treatments he wants or not wants. Normally, in such instances, it is the family who takes the burden of decision. But people who want to spare their family from making such difficult task decide to pre-empt any medical decision through having a living will.

Before the living will is implemented, there must be a necessary and appropriate certification from a doctor that the person is truly suffering from a terminal condition or that he is permanently unconscious.

About the Author
By Anders Eriksson, proud owner of this top ranked web hosting reseller site: GVO

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PPSRcheX: Leases & Bailments

LEASES AND BAILMENTS UNDER THE PERSONAL PROPERTY SECURITIES ACT 2009 (CTH)

The PPS Act is a law about security interests in property other than real estate. A security interest is an interest in personal property that in substance secures payment of a debt or other obligation. This definition incorporates standard forms of security such as mortgages and charges. It also covers transactions not currently considered traditional security interests, notably certain lease and bailment arrangements.

Security interests may arise from such arrangements in two circumstances:

? where the transaction effectively uses personal property to secure payment or performance of an obligation (i.e. an ?in substance? security interest). Examples may include a finance lease, hire purchase agreement or pledge;

? leases or bailments of personal property that satisfy the definition of ?PPS lease?, regardless of whether the property involved is being used to secure payment or other obligation.

Registration of a security interest arising from a PPS lease provides notice of the lessor?s or bailor?s interest in the property while it is in the possession of the lessee or bailee for a prolonged period. This is important because these types of arrangements can allow the lessee or bailee to maintain an outward appearance of ownership.

Generally, lessors or bailors are the owners of the property the subject of the lease or bailment. Both lessees and bailees are the persons given possession, but not ownership, of the property. However, a lessee usually enjoys exclusive possession of the property for his or her own use; whereas a bailee is generally not able to use the property in its possession or its use is determined by the bailor.?

A ?PPS lease? is a lease or bailment that is regarded as creating a security interest in the property leased or bailed when the arrangement is for:

? a term or terms of one year or more for most goods, or
? a term or terms of 90 days or more in the case of motor vehicles, boats or aircraft.
However, an agreement for shorter periods will be a PPS lease where the lessee or bailee continues to retain substantially uninterrupted possession of the property with the lessor?s or bailor?s consent after one year or 90 days, depending on the type of goods. WHAT ISN?T A PPS LEASE??
A PPS lease will not arise where the lease or bailment is for a total length of less than one year or 90 days as relevant. Further, a lease or bailment will not be a PPS lease if the lessor or bailor is not regularly engaged in the business of leasing or bailing goods. In the case of bailments, a PPS lease will not arise if the bailee does not provide value, for example by way of payment, in exchange for possession of the property.?
A lease or bailment that is part of a ?pooling arrangement? will also not be a PPS lease.
A pooling arrangement involves a lease/hire arrangement where fungible equipment is passed between multiple users with or without the owner?s consent before being returned to the owner. An example of such an arrangement is the lease and subsequent sub lease of pallets as part of the transportation of goods stored on the pallets.

The PPS Act was drafted so that it was generally consistent with the comparable legislation overseas on which it was modelled. Accordingly, judicial decisions in those jurisdictions offer a guide as to how the PPS Act may be interpreted by Australian courts.???

Remember all information provided is general information in relation to the PPSR and does not constitute legal advice, you should always seek professional advice in relation to specific issues

INTERNATIONAL EXAMPLES?

Examples of arrangements that were pps leases Waller v New Zealand Bloodstock Ltd [2006] 3 NZLR 629

A racehorse had been leased by its owner for a term of more than one year. The interest of the lessor was deemed to be a security interest under the New Zealand PPS Act and was therefore registrable. However, the owner had not registered its security interest at the time the lessee went into receivership. The court relied on Graham v Portacom (below) to find that a financier, who had a registered security interest over all of the lessee?s present and future property including the horse, took priority over the unregistered security interest of the lessor. It is important to note that this case involved a lease to purchase arrangement (i.e. the intention was for the lessee to ultimately own the horse outright) where payment was provided in exchange for the racehorse.

Graham v Portacom New Zealand Ltd [2004] 2 NZLR 528

A lease of portable buildings for an indefinite term was found to amount to the equivalent of a PPS lease under the New Zealand legislation and the lessor was treated as having a security interest in the buildings. The court found that the lessee was able to grant a further security interest to a bank in the portable buildings despite not owning them. At the time the lessee went into receivership the lessor had not registered its security interest, but the bank had.? The lessor?s failure to register its security interest meant that the bank?s registered security interest over the same property took priority.???

Examples of a bailment that was not a pps lease

Rabobank New Zealand Limited v McAnulty [2011] NSCA 212

A horse was bailed by its owners to a commercial stud farm which was paid by the owners to provide services, such as managing the servicing of mares by the stallion, the collection of fees on their behalf, and generally providing for the horse?s care. A bank later registered a security interest over the stud farm?s property in exchange for finance. When the stud farm defaulted, the bank claimed an interest in the horse ahead of the owners because they had failed to register a security interest arising from the bailment of the horse.?

However, the court found that the bailment, although exceeding one year, did not constitute the New Zealand equivalent of a PPS lease and the priority rules in the NZ PPS Act did not apply. Rather, it found that the owners of the horse were not in the business of bailing goods, but were rather in the business of maintaining and profiting from the stallion.? To be in the business of bailing goods, an owner would have to receive, or intend to receive, payment, or some other form of value, with a view to making a profit from the bailment.

By contrast, in this case the bailee obtained possession of the horse, but did not pay for that possession; rather, the bailee was paid by the bailor to carry out services in relation to the horse. Therefore, it could not be said that the owner profited, or intended to profit, from the bailment. In deciding that this scenario was not caught by the NZ PPS Act, the court also commented that it considered the wording of the Australian PPS Act was clearer in excluding these arrangements from the definition of a PPS lease.

Graham v Portacom New Zealand Ltd [2004] 2 NZLR 528

A lease of portable buildings for an indefinite term was found to amount to the equivalent of a PPS lease under the New Zealand legislation and the lessor was treated as having a security interest in the buildings. The court found that the lessee was able to grant a further security interest to a bank in the portable buildings despite not owning them. At the time the lessee went into receivership the lessor had not registered its security interest, but the bank had.? The lessor?s failure to register its security interest meant that the bank?s registered security interest over the same property took priority.???

Examples of a bailment that was not a pps lease

Rabobank New Zealand Limited v McAnulty [2011] NSCA 212

A horse was bailed by its owners to a commercial stud farm which was paid by the owners to provide services, such as managing the servicing of mares by the stallion, the collection of fees on their behalf, and generally providing for the horse?s care. A bank later registered a security interest over the stud farm?s property in exchange for finance. When the stud farm defaulted, the bank claimed an interest in the horse ahead of the owners because they had failed to register a security interest arising from the bailment of the horse.?

However, the court found that the bailment, although exceeding one year, did not constitute the New Zealand equivalent of a PPS lease and the priority rules in the NZ PPS Act did not apply. Rather, it found that the owners of the horse were not in the business of bailing goods, but were rather in the business of maintaining and profiting from the stallion.? To be in the business of bailing goods, an owner would have to receive, or intend to receive, payment, or some other form of value, with a view to making a profit from the bailment.

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The dumb report on congressional dumbness

Are conservatives stupider than liberals?

That?s one way to read the lively parlor-game data released this week by The Sunlight Foundation, a six-year-old educational concern that attempts to make government more transparent. Sunlight?s report?which assigned grade levels to how members of Congress talk?revealed that the most right-wing of our representatives express themselves, on average, at the lowest grade level in Congress.

?No abortion,? you can imagine these simple-minded conservatives saying. ?It is bad.?

According to the report, Democrats have a more sophisticated way of expressing themselves. Democrats evidently use multi-syllabic words ? like ?moreover? ? and more complex sentence structure than their colleagues on the right. Replete with internal clauses ? the ones that can throw off listeners and muddy a point ? the rococo stylings of Democrats evidently go hand-in-hand with the promotion of their pet causes, like universal health care and of course their longstanding war on antidisestablishmentarianism.

Republicans dominate the extremes of the list ? both the speaker at the highest level and the one at the lowest are members of the GOP. Their average grade level is 10.4; that of Democrats is 10.8. Sunlight has also made a point to say that eloquence, or verbal complexity, anyway, is on the wane among lawmakers. Congress as a whole now apparently speaks like high school sophomores, one grade level lower than it did in 2005.

I like the foundation?s freestyle, groundless and yet stirring account of why this might be so: ?Perhaps it reflects lawmakers speaking more in talking points, and increasingly packaging their floor speeches for YouTube. Gone, perhaps, are the golden days when legislators spoke to persuade each other, thoughtfully wrestled with complex policy trade-offs, and regularly quoted Shakespeare.?

If you skim Sunlight?s findings, and bring to them a sporting quotient of party prejudice, you might conclude that Republicans are, say, ?idiots? and Democrats are, oh, ?showoffs.? To use the pre-K-level idiom preferred by the biased twerp in each of us.

If, however, you listen to a sampler of speeches by various congresspeople at a range of oration grade-levels, you might find something completely different. I listened to Daniel Lungren, whose speech at grade 16.01 (first week of summer school after college graduation?) outranks every other congressperson, give a Memorial Day greeting in 2009. (The Sunlight report analyzes each figure?s speeches since 1996.)

Lungren, a Republican from California, sounded low-key? and didn?t stutter, but he repeatedly used the euphemism ?fallen? instead of ?died.? Trying to get choked up and earnest about the Civil War dead ? the Civil War ?fallen? ? he sounded fakey and insincere.

I also listened to John ?Mick? Mulvaney, a Republican from South Carolina, who is the low man on the grade-level totem pole. He is said to speak at a 7th-grade level.

Like many English Ph.D.s who have taught writing to undergraduates, I was ready to condescendingly award this kid points for ?clarity? and ?forthrightness? while privately calling him illiterate. But no such condescension occurred to me once he started to talk. Mulvaney is terrific ? a natural orator who toggles nimbly between irony and seriousness, doesn?t miss a note and ? unlike most seasoned politicians ? never goes on rhetorical autopilot. He stays in the room; his emotions in the moment color his speech; and he responds to his audience.

After thanking the organizers of the June 8, 2011, town hall meeting in Lake Wylie, South Carolina, Mulvaney ? in a deceptively casual and even self-deprecating way ? elegantly prevented boredom by setting the stage for a short, engaged talk with a clear timeframe. He sowed anticipation in the audience for a spirited Q&A. He set people thinking about their questions and set up a reward system for attention-paying. And he unobtrusively laid out the topics of his speech. That is rhetoric.

?Basically, it?s about half an hour?s worth of information that we?ll go over. And then at the end I?ll shut up and answer questions for pretty much as long as you all want to sit around. I think when we did this in Rock Hill, we did questions for almost an hour and a half, maybe two hours. And I will take all of the questions. There are folks here who want to talk today about Medicare and Medicaid. There?s folks who want to talk about defense spending. I will answer all the questions that I can possibly answer.?

Mulvaney was an Honors Scholar at the Georgetown School of Foreign Service; he attended Harvard Business School; and he got a law degree from the University of North Carolina at Chapel Hill. This is the man that the Sunlight Foundation now says uses the diction and syntax of a seventh-grader? The least evolved speaker in Congress?
?
Something is flawed here. I?m beginning to think that the Flesch-Kincaid test, which invented the ?reads at an nth-grade-level? metric, is a crock.

Rudolf Flesch was an Austrian who emigrated to the United States, advocated phonics in the teaching of English, and published ?Why Johnny Can?t Read? in 1955. In the 1970s, he and J. Peter Kincaid, a psychologist and Navy scientist, first created their readability test for the military?s use with technical manuals.

The notoriously opaque U.S. Constitution merits a whopping 17.8 grade level, and the Federalist Papers come in at 17.1. Oh well sorreeee you fancy founding documents of the Republic!

On the other end of the scale, the Gettysburg Address lands at an 11.2 grade level. ?I Have a Dream? gets the grade of a freshman: 9.4.?

Feeling as though I could now face the test myself, I plugged this column into a Flesch-Kincaid readability index calculator. It came in at grade 11 ? slightly below Lincoln at Gettysburg but safely above Martin Luther King Jr. and ?I Have a Dream.?

I?m better than King. Somehow I?m not convinced.

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Singer Asset Finance Company, L.L.C. honors the town of Joplin, MO

Boca Raton, Florida?May 22, 2012?Singer Asset Finance Company and its employees make a contribution to the American Red Cross to aid the tornado victims of Joplin, MO.

It has been a full year since the EF5 tornado devastated the town of Joplin, MO on May 22, 2011.??Along with the loss of 161 lives, the community also lost homes, businesses and public services such as education and healthcare that are critically needed.? Singer Asset Finance Company recognizes that the community is still healing and still in need.

Singer Asset Finance Company celebrates the survivors and honors the victims of this tragedy upon the one year anniversary of the unfortunate event by making a contribution to an organization which provides humanitarian relief services to the victims in Joplin, the American Red Cross. ??I?m amazed at how this determined community has pulled together to help its residents.? Knowing that so many still rely on assistance, I wanted Singer Asset Finance Company to join the efforts to help heal Joplin?, said Howard Weinberger, CEO of Singer Asset Finance Company.

Singer Asset Finance Company is an industry pioneer and national leader in converting structured settlements, lottery prizes and annuities into lump sums. Since inception, Singer Asset Finance has purchased nearly $1 billion in future annuity payment streams. Singer Asset Finance Company is a founding and current board member of the National Association of Settlement Purchasers, the voluntary trade association for companies who purchase structured settlement annuity payments.

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Jeffrey Burr: 7 Major Errors in Estate Planning* - Part 2 of 7

A recent article in Forbes listed one author?s opinion of the 7 Major Errors in Estate Planning.?

1.?????? Not Having a Plan

2.?????? Online or DIY Rather Than Professionals

3.?????? Failure to Review Beneficiary Designations or Titling of Assets

4.?????? Failure to Consider the Estate and Gift Tax Consequences of Life Insurance

5.?????? Maximizing Annual Gifts

6.?????? Failure to Tax Advantage of the Estate Tax Exemption in 2012

7.?????? Leaving Assets outright to Adult Children I have the opportunity to discuss Major Error Number Two.

ONLINE OR DIY RATHER THAN PROFESSIONALS

There is an abundance of advertisements which purport that a person can create their own will or trust through the use of a certain company?s website.? These advertisements have led to the often repeated question I hear during an initial consultation ? why should I use your services over an online company?? I have reviewed many of these internet wills and trusts, and many of these internet documents are laughable leading me to believe that an attorney had no hand in the creation of the documents.? While I would readily admit that the other documents I have seen seem to be fine, legally speaking, they often demonstrate a lack of personalization in meeting the client?s goals and objectives.? Recently, I decided to go through a more widely recognized do-it-yourself internet site that allows a person to create his or her own legal documents.? Although my experience was better than I had expected, I was left wanting the site to do things that it did not offer.? This may be why the site uses the disclaimer that ?LegalZoom is not a law firm and is not a substitute for an attorney or law firm.?? These internet sites are not meant as attorney substitutes, and I would add that not all attorneys can properly prepare estate planning documents.? While such sites are slightly less expensive than an actual attorney, there is much more to a properly prepared estate plan than the legal document itself.? As Mr. Clarfeld states in his Forbes article, ?estate planning documents should represent the culmination of a well thought out financial and estate plan.? Fill-in-the-blanks documents are not a plan and one size definitely does not fit all.??

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Fidelity, Knight problems add to Nasdaq's Facebook woes

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