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health care agent

How to Choose a Health Care Agent

No matter how much you plan for your future, you can’t know everything you may face and how you are going to deal with it. You may become ill or injured that may leave you incompetent. When this happens, you can not make a decision on your own behalf, so you’re forced to leave your health care in the palm of someone else’s hand. Your loved ones will do their best to make medical decisions for you but there is still a chance they could make a decision you would have disagreed too. By appointing a health care agent, you can undergo the medical treatment you wish to receive if you were to become incompetent.

What Is a Health Care Agent?

A health care agent is someone you choose to make medical decisions for you if you were to become unable to do so. For example, if you were to become too sick or too injured to communicate with others, your health care agent would make medical decisions on your behalf. You do not need to be an elder or terminally ill to begin thinking about naming a health care agent because a serious accident can happen at any time throughout your life. Your health care agent can ensure you get medical treatment that goes along with your values and beliefs.

You do not need to be an elder or terminally ill to begin thinking about naming a health care agent because a serious accident can happen at any time throughout your life.

What Are Health Care Agent Responsibilities?

Your health care agent may only make medical treatment decisions for you. They can’t make decisions on money or other legal issues. When you can’t make decisions for yourself, your health care agent will talk to your doctors and nurses about your wishes so they are taken into consideration when planning your treatment. Your agent will help ensure doctors follow your living will, but if you don’t have one, he or she will try and make decisions that you would make for yourself. This is why it’s important to discuss your thoughts about quality of life with your agent so they know what makes life worth living for you. It’s also a good idea to make sure your health care agent agrees to take on the responsibility so you get the medical care you wish for.  

When you can’t make decisions for yourself, your health care agent will talk to your doctors and nurses about your wishes so they are taken into consideration when planning your treatment.

How to Designate a Health Care Agent

Choosing a health care agent is important to ensure your wishes for your health care will be respected when your not able to speak for yourself. You want to make sure you choose someone who knows you very well and you could trust to be your agent. You can choose a secondary health care agent just in case your first choice is not able to show up. Make sure your agent knows and understands all your values, beliefs, and wishes so you get the proper care. It’s impossible to discuss every worst-case scenario that may arise but the more your healthcare knows about your preferences and what’s important to you, your agent will be better able to make decisions on your behalf.  

Every state has a document where you can appoint a health care agent. If you need help finding this form, Platinum Paralegals is here to help. They can also help you involve your health care agent with your living will so your agent fully understands your wishes. Call Platinum Paralegals™ at: (818) 839-6879 or send an email to: info@platinumparalegals.com.

Power of Attorney Types

It is important to discuss power of attorney with aging parents, an ailing spouse, or a close friend before it becomes too late. Obtaining a power of attorney is a secure way to avoid worst-case scenarios or legal complications after you become incapacitated or pass away.

What Is the Meaning of Power of Attorney?

A power of attorney is a document used to appoint someone or an organization to make decisions on your behalf if you become unable to do so. The person appointed is called an “attorney-in-fact.” The appointment can either be effective immediately or can be effective when you are unable to make decisions. However, all types of power of attorneys are not equal and serve different purposes. Each type gives your appointed person a different level of responsibility.

The person appointed is called an “attorney-in-fact.” The appointment can either be effective immediately or can be effective when you are unable to make decisions.

What Are the Types of Power of Attorney?

It is important to appoint someone you trust because they are expected to place your interest ahead of their own. There are multiple circumstances where the appointed person will be given the power to make decisions on your behalf. There are four different types, each serving a unique purpose.

General Power of Attorney can perform almost all the powers and right that you have yourself. For example, they can manage personal finances or sign documents on your behalf. If you needed someone to handle your financial matters, you do not need to be incapacitated to use a general power of attorney. A general power of attorney ends when you become incapacitated, revoke the appointed person, or pass away.

Durable Power of Attorney can remain in effect after you become incapacitated but is limited in scope. If you don’t have a durable power of attorney to represent you in court if you were to become incapacitated, the court can appoint a conservator or guardian to represent you. A durable power of attorney will remain until you pass away, but you make revoke the appointed person while you’re not incapacitated.

Limited or Special Power of Attorney gives the appointed person the power to act in your place but has specific power limits to a certain area. For example, a limited power of attorney grants the appointed to sell a home or other piece of real estate. They could sign a deed to property for you on a day you are out of town but the power of attorney ends at a specified time in the document.

Springing Durable Power of Attorney, like durable power of attorney, allows your power of attorney to become effective when you’re incapacitated. Although, it does not become effective until specified events occur such as when you become incapacitated. It is important that the standards be clearly laid out in the document for determining incapacity and triggering the power of attorney.

How Do You Obtain a Power of Attorney?

Choosing a power of attorney is the best way to avoid complications or worst case scenarios if you were to become incapacitated. There are only a few steps you will need to follow when you’re seeking a power of attorney. First, you will need to determine which type of power of attorney suits your needs and which person you wish to appoint as your power of attorney. Second, to inquire about what you forms you need to obtain. You will need to contact your local lawyer or your city hall. Once you obtain the necessary forms for your needs and fill them out, you will review the signed forms with your lawyer. Your lawyer will be able to explain the legal language to suit your case and can get the documents notarized so no institution or person can challenge the signature.

Choosing a power of attorney is the best way to avoid complications or worst case scenarios if you were to become incapacitated.

For low cost, affordable paralegal assistance, call Platinum Paralegals™ at: (818) 839-6879 or send an email to: info@platinumparalegals.com.

How Do You Establish Paternity in California?

There is a common misconception of people thinking that courts often award custody to mothers. However, since the 1970s, gender roles have been shifting and fathers have expressed their desire to play a significant role in their children’s lives. Establishing paternity then becomes a vital process but can often be a complicated issue.

What Does Establish Paternity Mean in California?

The word “paternity”, in California, can be used interchangeably with “parental relationship” or “parentage.” Establish paternity means that the courts or the parents of the child have determined who the child’s father is. The law can assume the identity of the father in some instances. The mother’s husband may be presumed as the child’s father if the child is born during the marriage. Also, if a man has demonstrated commitment to the child, and has been living with the child and mother in a family-like manner, the man can be presumed to be the child’s father even though he may not be the actual biological father. Outside of these circumstances, paternity will need to be established in California.

Establish paternity means that the courts or the parents of the child have determined who the child’s father is.

How Do You Establish Paternity in California?

When a couple is not married, the establishment of paternity is not automatic. There are two main ways an unwed couple can establish paternity. The simplest way to establish paternity is signing a “Voluntary Declaration of Paternity.” When the mother and the father sign this form, they legally establish that they are the parents of the child and that the father is the child’s legal father. The father’s name can be added the child’s birth certificate and now has parental responsibilities and rights to the child.

The other way to establish paternity is to get a court order either on your own or with the help of a Local Child Support Agency. Under California law, to ask the court for an order on paternity, you must be the child’s mother or the man who has been identified as the father or believes he is the father. An adoption agency or a local child support agency that is providing services to the mother may also ask for a court order on paternity. If the case is brought to court, genetic testing will be required from the mother and alleged father to establish paternity. If the alleged father refuses the test, the judge may consider the father’s refusal as evidence of paternity.

Can You Establish Paternity While Pregnant?

You can establish paternity even if you are not married and are pregnant. You can secure your parental rights with a paternity action if you were, or are, in a relationship with the person who is pregnant with your child. The mother may also file a paternity action to establish the father. The alleged father has the right to ask for a paternity test through the court but only has two years from the child’s birth to petition the court for a paternity test. The simplest way to establish paternity is to sign the Declaration of Paternity that says who the legal parents are.

The alleged father has the right to ask for a paternity test through the court but only has two years from the child’s birth to petition the court for a paternity test.

Is There Benefits to Establishing Paternity?

There are numerous benefits, especially towards the child, to establish paternity. Once paternity is established, examples of some of the benefits they can receive are health insurance from either parent, access to family records, financial support, and inherent assets or property from one or both parents. Establishing paternity can make it easier for the child when various legal situations come up during their lifetime.

Establishing paternity can also benefit the parent. When paternity is established, both parents have parental rights and have the right to be involved in decisions on their child’s behalf. They both have the right to request custody or visitation of that child. Establishing paternity may not be important to some people today, but there may come a situation where the parent would have wished they would have established paternity.

For low cost, affordable paralegal assistance, call Platinum Paralegals™ at: (818) 839-6879 or send an email to: info@platinumparalegals.com.

Llc vs Corporation

If your a business owner wanting to incorporate your business, you may find yourself wondering which business type to choose. The new company structure can fall into two categories, a limited liability company (LLC), or a corporation. Having a clear understanding of each structure will allow you to feel confident in which one you choose for your business. No matter which structure you choose, they both have their advantages and disadvantages. The article below will be discussing the advantages and disadvantages of each business structure so you can decide which will be right for your business.

Pros of LLCs

Choosing an LLC to structure your business comes with many advantages.  Members are not personally liable for some or all the actions of the company and their personal assets are protected. An LLC has a pass-through entity, meaning the business profits are not taxed by the government on a company level. Instead, members’ federal income tax returns get taxed. Filing taxes is easier this way than if the business was taxed on a corporate level. An LLC can be formed with as little as one person or many members with the choice to managed by all its members. This is helpful is some of the members are not experienced in managing a business and want to hire people that are experienced. The cost of paperwork and fees to start up an LLC is are relatively low, although, each state varies in what they charge in fees and taxes.

An LLC can be formed with as little as one person or many members with the choice to managed by all its members.

Pros of Corporations

Corporations are considered an independent legal entity owned by individuals or entities who are shareholders. Like an LLC, a Corporation offers shareholders limited liability protection from the businesses actions and debts. Shareholders personal assets are protected and they are only liable for their stock investment in the business. The corporation can raise money for the business by selling stocks to investors willing to invest capital in the business. The corporate business has a management structure which includes directors, officers, and shareholders who establish power. Each group has its own set of roles and responsibilities. As long as corporate regulations are met, a business can exist indefinitely.

Cons of LLCs

There are some disadvantages to running an LLC. The liability has its limits, meaning a judge can rule that your personal assets are not protected by your LLC structure. You are at risk if you don’t clearly separate business transactions from personal or if you have been running the business fraudulently causing losses for others. Another disadvantage is the publication requirements or renewal fees for an LLC can be costly, depending on your state. Many states have franchise or capital values tax on LLCs and they can range from a flat fee to an amount based on the company’s revenue. It might be hard to raise financial capital in an LLC  as investors are more likely to put their money into a corporation. As an LLC member, you may be faced with self-employment tax. The IRS considers LLCs the same as partnerships for tax purposes and considers members to be self-employed unless members opt to be taxed as a corporation.

The liability has its limits, meaning a judge can rule that your personal assets are not protected by your LLC structure. You are at risk if you don’t clearly separate business transactions from personal or if you have been running the business fraudulently causing losses for others.

Cons of Corporations

Establishing a corporation can be expensive and time-consuming. Another major disadvantage is the double-taxation. In some instances, the company pays taxes on profits and individual stockholders are also taxed who earned profits from the corporation in the form of dividends. This happens most often in large corporations and may not serve as an issue for stockholders and owners of a small corporation who are paid salaries rather than dividends. The law requires corporations to observe a number of corporate formalities to guarantee its operating as a separate entity that’s independent of its businesses owners. Regular director meetings, keeping records of corporate activity, and maintaining the financial independence of the corporation are all steps in observing corporate formalities.

For low cost, affordable paralegal assistance, call Platinum Paralegals™ at: (818) 839-6879 or send an email to: info@platinumparalegals.com.

 

 

Is a Revocable Living Trust Necessary?

A revocable living trust is a legal arrangement to hold ownership of your property throughout the course of your lifetime. The grantor is the creator of the trust and funds his trust with assets. Upon incapacitation or death, the successor trustee and the beneficiaries will receive the benefits of the trust. This living trust avoids probate which is a court-supervised process of dividing a person’s estate. A revocable living trust may be right for you if you would like to avoid probate for your trustee and beneficiaries. There are other scenarios where a revocable trust may be right for you which I will briefly discuss below.

What Does a Revocable Living Trust Do?

A revocable living trust is also sometimes called a living trust and it is a legal document created to hold ownership of an individual’s assets. This trust covers three phases of the trust maker’s  life: his lifetime, possible incapacitation and what happens after death. The person who forms the trust is called the grantor or trust maker but also can serve as the trustee. In most cases, the trustee will form the trust to control and manage the assets he or she placed there until death. Trust makers may also choose to have an attorney or an institution act as a trustee but it is uncommon with this type of trust. A revocable trust is not necessarily permanent so you can change your mind and the trust will be “undone.”

This trust covers three phases of the trust maker’s  life: his lifetime, possible incapacitation and what happens after death.

What Goes Into a Revocable Living Trust?

Thousands of people in California avoid having their estates go through the probate process because they choose to have a revocable living trust. This type of trust is more time and cost effective and it provides people control over their assets. Assets such as stocks, real estate, and bank accounts are all examples of what type of assets go into a revocable living trust. Who you are leaving your assets to should be created with a legal document with your living trust. Not only do you fund this trust with your assets but you also need to name an alternate trustee to manage your assets if you were unable to.

When Is a Revocable Living Trust Needed?

Transferring assets into a living trust can avoid time-consuming and costly court fees by preparing your estate for an easy transition after you die. You do not need to be wealthy to receive the benefits of a revocable living trust, but in some instances, it could be overkill. You can benefit from this type of trust if you own a business because your trustee can manage the business if you incapacitated or die. Also if you are concerned about privacy, a revocable living trust is a private document that doesn’t become a public court record. Only the successor trustees and the beneficiaries you have named may see a copy of your trust. When properly prepared, a living trust can provide for your spouse and children which may be important in second marriages. It saves estate taxes and can protect inheritances for children and grandchildren. If you can relate to any of these factors than you may need a revocable living trust.

Transferring assets into a living trust can avoid time-consuming and costly court fees by preparing your estate for an easy transition after you die.

What Happens to a Revocable Living Trust Upon Death?

Upon death, the successor trustee will step into your role as trustee or grantor of your trust. The beneficiaries you named in your trust documents will inherit from you and they will own the assets you placed in your trust according to the terms you decided when you made it. The assets you placed will not have to go through probate and your successor trustee will disburse your assets. The successor trustee must pay the taxes, debts, and costs of the trust operation from the assets you placed into it. If your successor trustee predeceases you, or if he or she dies before closing your trust, it’s possible your trust could be left unmanaged. States have their own laws on how to address these situations but generally, your heirs would have to have a successor trustee appointed by petitioning the court. Your beneficiaries have the right to suggest themselves or suggest their own choice.

 

 

For low cost, affordable paralegal assistance, call Platinum Paralegals™ at: (818) 839-6879 or send an email to: info@platinumparalegals.com.

Contested Divorce vs Uncontested Divorce

Getting a divorce based on irreconcilable differences doesn’t always mean both parties disagree on how to divide their assets. Fortunately, there is a type of divorce that manages disagreements between spouses so divorce cases are fair for both parties. When both parties disagree on how to divide their assets, this is considered a contested divorce. An uncontested divorce is a divorce where both parties can agree on how to divide their assets. However, even if spouses agree on most things, they may not be suited for an uncontested divorce. Likewise, spouses who disagree on most things way may still be candidates for an uncontested divorce.

What Is a Contested Divorce

In California, spouses should individually be represented in a contested divorce. A contested divorce means neither spouse can agree about getting divorced or the terms of the divorce. The more spouses are unable to agree, the more difficult it is to come to an agreement on how to distribute marital properties and custody of children. This type of divorce can be the most difficult type of divorce and falls into the hands of the court where they will determine the final ruling. In most cases, contested divorce parties will go to mediation to dispute disagreements or go straight to trial. Disagreements can extend the time of the divorce process and create tense relations between the spouses.

What Is an Uncontested Divorce

An uncontested divorce means both parties agree to the divorce terms and cooperate with the divorce process. This type of divorce is less time consuming as it avoids multiple court appearances and lawyer times. These cases can typically be handled by mail or by brief contact with the judge or judge’s clerk. The state of California has certain guidelines and restrictions that help guarantee the parties have truly reached an agreement prior to receiving an uncontested divorce.

Cost of Contested Divorce

There is really no way to predict what a contested divorce in California may cost unless your lawyer charges a flat fee. An example of how costly contested divorce can be is in the city of Los Angeles where contested divorces are approximately $20,000 or higher. Much of the cost depends on how contested the divorce gets and your attorney’s hourly rate. If one or both spouses continue to disagree, the divorce will take longer and significantly impact the cost of the divorce. A case may start out contested, but it can become uncontested if both parties go to mediation or another process to find an agreement.

An example of how costly contested divorce can be is in the city of Los Angeles where contested divorces are approximately $20,000 or higher.

Cost of Uncontested Divorce

You and your spouse can save a great deal of money upon agreeing on everything. An uncontested divorce is much less costly than a contested divorce since it can be handled without court hearings. How much it will cost depends on several factors.  An uncontested divorce with no issues or attorneys can be as low as $500.  If you choose to hire an attorney, it could greatly increase the divorce expenses, especially if they charge by the hour. An uncontested divorce may be as less than one-thirtieth of the cost of a contested divorce, making them more desirable.

 

For low cost, affordable paralegal assistance, call Platinum Paralegals™ at: (818) 839-6879 or send an email to: info@platinumparalegals.com.

What Is Required to Get a Divorce in California?

If you are a California resident who has been served divorce papers or contemplating ending your own marriage, it is important to educate yourself about divorce requirements in California.

Understanding the types of divorce may be in understanding the process. In this article, I will be reviewing each type of divorce but reaching out to an experienced lawyer at Platinum Paralegals can explain each option to you in further detail and go over which one is right for you.

What are Grounds for Divorce?

California is a no-fault divorce state, meaning that you cannot cite any wrongdoing your spouse has committed as a reason for divorce. Although in some cases fault isn’t entirely relevant if your spouse was violent, committed adultery, or abandoned the family and the courts may consider these facts when awarding alimony and dividing property. Most often, the grounds for divorce are “irreconcilable differences” that caused the marriage to break down. California divorce law also allows grounds for divorce if the marriage is legally invalid or one of the parties has a “permanent legal incapacity to make decisions.”

Although in some cases fault isn’t entirely relevant if your spouse was violent, committed adultery, or abandoned the family and the courts may consider these facts when awarding alimony and dividing property.

What Are the Types of Divorce?

When it comes to divorce options in California, there are four different types that can be chosen: no-fault divorce, uncontested divorce, simplified divorce and limited divorce.

No fault divorce essentially means as long as one spouse wants a divorce, the court will grant it. In this type of divorce, there is no reason to show cause or point blame because all it requires is the spouse to cite “irreconcilable differences” with no hope of resolution.

An uncontested divorce is when both parties can agree on everything such as financials, the division of property, and child support. These types of divorce are normally quick and don’t make it to trial because both parties are normally on the same page. Divorces can also be contested, meaning that both parties don’t quite agree with everything which in return could lead all the way up to a full trial if the spouses can’t agree.

Simplified divorce or summary dissolution is a way of ending short-term and uncomplicated marriages. This is an uncontested no-fault divorce where there is no conflict between the spouses but there is a set of conditions that need to be met before being able to file for this type of divorce.

Limited divorce is a court-supervised divorce process that is similar to legal separation.

This option gives both parties time to divide assets and child custody issues before finalizing the divorce. Spouses must live separately from each other or other people and each person’s status remains the same while the marriage is dissolving.

Do I Need to Be a Resident of California to Get a Divorce?

The short answer to this question is yes, but either you or your spouse must have been a California resident for the past six months and have lived a minimum of three months in the county where you plan to file divorce. If you or your spouse do not have residency in a county for at least three months, you can file a divorce with the previous county you lived in. You and your spouse can live separately in different counties and still file for divorce, as long as one or both of you have been residents of the county for at least three months. As long as residency requirements are met, you may obtain a divorce in the state of California.

What is Legal Separation?

A legal separation allows a couple to remain married but live separately. Couples choose this alternative to divorce so they don’t have to end their marriage by dividing their marital assets, financials, or child custody. Some couples may seek legal separation so their spouse does not lose health insurance coverage, or because of religious beliefs. This opportunity allows couples the time to reflect on their marriage before calling it quits.

 

Advantages of Dba Vs Llc

When beginning a business, it is important to figure out what entity type is right for your business. Forming an LLC, creates a separate legal entity and carries on a business from that point on, rather than you as an individual. Registering a DBA, however, you will be carrying on a business under a fictitious name. In this article, I will go into further depth about each business entity type and their advantages.

What Is DBA?

DBA is simply the abbreviation for “doing business as.” DBA can also be known as “fictitious names,” “trade name,” or “assumed names.” When a business operates under another name other than its legal one, DBA registration is needed. Many business owners choose another name other than there given personal name to establish recognition and to identify goods sold or services provided.

Unless you run a LLC or corporation, you will not be able to receive money or hold a business bank account under a business name until you have a DBA statement. The purpose of the DBA statement is to inform the public of the owner’s personal name or the name under which they are operating a business.

Many business owners choose another name other than there given personal name to establish recognition and to identify goods sold or services provided

What Is LLC?

LLC is the abbreviation for “limited liability company.” LLC is a separate and distinct legal entity with the ability to get a tax identification number, open a bank account and do business, all under its own name. LLCs can be operated by more than one person who are known as LLC “members.” Forming an LLC can protect a business and its assets.

What Are the Advantages of DBA?

DBA is a simple process with low costs compared to corporations or LLC. There is no requirement for record keeping or other formalities. A DBA allows a business owner to own multiple businesses without having to create separate legal entities for each business. A brand or service set up as a DBA, creates advertising potential whenever the names is mentioned. Home-based business benefit greatly using a DBA. A business owner may want to convert over to a corporation or LLC when their business is running profitably.

A brand or service set up as a DBA, creates advertising potential whenever the names is mentioned. Home-based business benefit greatly using a DBA.

What Are the Advantages of LLC?

One great benefit of LLC, is the special tax benefit. In a DBA, any money a business owner makes passes through to their individual tax return and is taxed accordingly. With an LLC, members can avoid this double taxation and be taxed only once for each LLC member’s individual income tax return.

Since an LLC is viewed as a separate legal entity from its owners or members, an LLC owner is not held accountable for LLC’s debts or legal abilities. The LCC’s owner and their personal assets such as a home, or a bank account are usually not at risk under LCC’s legal obligations. Making this formal commitment to a business opens the door to establishing more credibility with customers, vendors, employees, and partners.

What Is the Best Choice?

The best choice is dependant on your business needs. The rules for DBA and LLC are different where some rules may benefit some businesses more than others. LLC owners have protection and a special tax break where business owners who use an assumed name have more liability and get double taxed. In the same note, a business that is home-based may benefit more from a DBA because it offers more advertising potential and is less costly to maintain.

If you find yourself in need of a DBA or a LLC, Platinum Paralegals can help. Get excellent legal advice for a fraction of the cost of an attorney’s fee. Platinum Paralegals will call you back faster than an attorney who spends most their time in a courtroom. If you are seeking general advice about business entity types, get in touch with us via phone or web form today!

Health Care Directive vs Living Will

Unexpected life threatening events happen all the time and are sometimes unavoidable. Some of these events leave us unconscious with no ability to speak. If this occurrence were to happen to you, wouldn’t you want a say in your course of treatment. Especially if it contradicted your view on what a quality life is. These documents called Advanced Health Care Directives, serve as a record of your medical preference, and help prevent anger or anxiety of loved ones having to grant your medical wish for you.

What Are Advanced Health Care Directives?

Advanced health care directives are fundamental documents that instruct your doctor or health care provider what kind of health care you do or do not want when you are unable to tell them yourself. These documents provide relief of decision making burdens to not only the caregivers, but also any people that care about your health and welfare. There are two main types of advanced directives, living will and medical power of attorney. It’s important for all adults to prepare for these documents because unexpected medical life situations can happen at any age at anytime.

These documents provide relief of decision making burdens to not only the caregivers, but also any people that care about your health and welfare.

 

What Is a Living Will?

A living will falls under the category of advance directives and spells out the type of medical care you wish to receive or don’t wish to receive when you are unresponsive. This will ensures your medical wishes are honored. Topics on resuscitation, quality of life, and end of life treatments should be written in this document so your doctor knows how to approach your treatment.

It’s important to go into specifics about your values and to address a number of different end-of- life situations realizing you can’t account for every possibility. Without a living will, doctors may ask a family member how to advance in your care and are legally obligated to perform procedures that you may not wish to have.

What Is a Health Care Power of Attorney?

A healthcare power of attorney is appointed to make healthcare decisions on your behalf when you can’t communicate on your own. The appointed health care agent becomes your spokesman and advocate for the range of medical treatments you set out in your documents. This document can also be referred to as a health care proxy, appointment of a health care agent or durable power of attorney for healthcare.

This person should understand your quality of life and medical goals so they can carry out decisions with your feelings and values in mind. It’s very important to name an alternate agent incase the primary agent is not available, especially in a life threatening emergency.

Writing a Health Care Directive

To prepare your health care directive, you will need to follow these important steps:

  1. Get the living will and medical power of attorney forms for your state. Generally doctors will respect your wishes if you have a form from a different state.
  2. Choose a health care agent that you trust to make decisions for you and who understands all of your wishes. It is a good idea to appoint a alternative person as your agent if the 1st person is unwilling or unable to make decisions on your behalf.
  3. After filling out the forms, have them witnessed as your state requires.
  4. Give copies to your doctor, health care agent, and your family. Incase you need to modify or revoke the advcanded directive, note on the  advanced health care directive itself who you gave copies to.

If you find yourself in need of a health care directive, Platinum Paralegals can help. Get excellent legal advice for a fraction of the cost of an attorney’s fee. Platinum Paragels will call you back faster than an attorney who spends most their time in a courtroom. If you are seeking general advice about health care directives, get in touch with us via phone or web form today!

 

Divorce Decree Document

What Is a Summary Dissolution in California?

To the uninitiated, divorce may sound like a one-size-fits-all process. However, depending on the length of time a couple has been married and the complexity of their assets, there may be simpler ways to handle a split. In the state of California, a couple who meets certain requirements may qualify for a summary dissolution, which is a less expensive and less time-consuming process than traditional divorce.

Advantages of a Summary Dissolution Vs a Divorce?

For those asking, “what is a summary dissolution in California?” the main advantage of a summary dissolution is the dramatic reduction in time spent in court, paperwork filed, and court fees. In fact, in some cases, a couple in California who cannot afford filing fees for a dissolution may be eligible for a fee waiver.

Because there are so few shared assets and no child custody decisions to be made in a summary dissolution, the time between filing and a final, legal end to a marriage is shorter. This is because, in more complex divorce situations, time must be spent in and out of court deciding on child custody and the splitting of assets. The time needed to do so may be even greater in the event of a contested divorce, or when the parties have different ideas of who should receive what.

For those asking, “what is a summary dissolution in California?” the main advantage of a summary dissolution is the dramatic reduction in time spent in court, paperwork filed, and court fees. In fact, in some cases, a couple in California who cannot afford filing fees for a dissolution may be eligible for a fee waiver.

What Are the Requirements for a Summary Dissolution?

If you find yourself asking “What is a summary dissolution in California?” the first step is looking at what is required to qualify for this option. While the requirements are somewhat stringent, they are likely to apply to young, relatively poor, or recently married couples. Requirements for a summary dissolution California include the following:

1.The marriage has lasted five or fewer years
2.Neither member of the couple has any children
3.Neither member is pregnant
4.Neither member owns land or buildings
5.The couple’s community property (excluding vehicles) is worth under $43,000
6.Neither member has separate property (excluding vehicles) worth over $43,000
7.The couple’s total community obligations (excluding vehicles) is $6,000 or less

What Are the Requirements for a Divorce?

If you’re asking, “What are the requirements for a divorce?” you may be relieved to know that, unlike the requirements for a summary dissolution, the requirements for a divorce in California are much less stringent than those for a summary dissolution.

Generally speaking, the only requirements to initiate divorce proceedings are that the couple legally resides in California and is married. In order to establish legal residency in the state, the couple must have lived in California for at least six months.

How Much Is the Cost of a Summary Dissolution in California?

How much concept.

Because the process is much less arduous than that of divorce, the cost of summary dissolution in California is much less than the cost of divorce. The exact cost may depend on a few factors, including the county in which the couple is located and whether or not they seek legal counsel. However, as noted above, if the couple is unable to pay, the cost of summary dissolution in California may be waived entirely.

If you are considering ending your marriage and believe you may qualify for a summary dissolution, Platinum Paralegals can help. For a fraction of the cost of consulting with an attorney, you can receive expert legal guidance that will expedite the process. Ending a marriage is rarely easy, but the right legal guidance can at least help make it more simple. Get in touch with Platinum Paralegals today!