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How to designate a helthcare surrogate

healthcare surrogate

Broward Notary
954-866-5056

The Florida Legislature has recognized that every competent adult has the fundamental right of self determination regarding decisions pertaining to his or her own health, including the right to choose or refuse medical treatment or procedures which would only prolong life when a terminal condition exists. This right, however, is subject to certain interests of society, such as the protection of human life and the preservation of ethical standards in the medical profession.  To ensure that this right is not lost or diminished by virtue of later physical or mental incapacity, the Legislature has established a procedure within Florida Statutes Chapter 765 allowing a person to plan for incapacity, and if desired, to designate another person to act on his or her behalf and make necessary medical decisions upon such incapacity.

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What is an Apostille or Certificate of Notarial Authority?

An apostille is an International certification attached to documents that have already been signed and notarized by a notary.  In Florida, the Division of Corporations issues these certifications.

The Florida Secretary of State is the ONLY competent authority authorized to issue apostille and notarial certifications in the State of Florida.

 

How to file:

  1. Complete the Department of State’s Apostille and Notarial Certificate Request Form (PDF).
  2. Make sure to include the documents to be authenticated or certified.
  3. Don’t forget to insert a self-addressed stamped envelope with the requestor’s name and address listed as both sender and recipient; OR
  4. A pre-paid, pre-addressed air bill with requestor’s name and address listed as both sender and recipient.
  5. Include payment.

Mail application, documentation, and payment to the Division of Corporations’ Apostille Section.

Get more information from The Florida Department of State here

-or- learn more at the Florida Divisions of Corporations

Protect Your Assets!

Recently featured on South Florida’s Channel 7 News stations Help me Howard; was a story of a woman who recently lost her husband and went to the bank to try to get the money from his checking account, but was denied. (watch full story here)

If you do not have a Last Will & Testament prepared, this could happen to your loved ones too.

The woman said, “I had his information, his death certificate, his I.D., his bank information. but Wells Fargo told me that, ‘You are not on this account. There is nothing we can do.”

Don’t let this happen to you! We prepare your last wishes in your Last Will & Testament.  Call/txt 954-866-5056 today! -or- schedule your Will signing here

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What powers are granted in a Durable Power of Attorney?

A Florida Durable Power of Attorney (DPOA) is a Seven page document that appoints a personal representative (attorney-in-fact) to sign on a persons behalf.

This document is one of the most required documents by hospitals and banks and necessary to conduct personal, medical and banking transactions in a legal capacity for another individual.

A DPOA includes the following authorizations:

  • Real Property Transactions –To lease, sell, mortgage, purchase, exchange, and acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any interest in real property whatsoever, on such terms and conditions, and under such covenants, as my Agent shall deem proper; and to maintain, repair, tear down, alter, rebuild, improve manage, insure, move, rent, lease, sell, convey, subject to liens, mortgages, and security deeds, and in any way or manner deal with all or any part of any interest in real property whatsoever, including specifically, but without limitation, real property lying and being situated in the State of Florida, under such terms and conditions, and under such covenants, as my Agent shall deem proper and may for all deferred payments accept purchase money notes payable to me and secured by mortgages or deeds to secure debt, and may from time to time collect and cancel any of said notes, mortgages, security interests, or deeds to secure debt.
  •  Tangible Personal Property Transactions – To lease, sell, mortgage, purchase, exchange,   and acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any personal property whatsoever, tangible or intangible, or interest thereto, on such terms and conditions, and under such covenants, as my Agent shall deem proper; and to maintain, repair, improve, manage, insure, rent, lease, sell, convey, subject to liens or mortgages, or to take any other security interests in said property which are recognized under the Uniform Commercial Code as adopted at that time under the laws of the State of Florida or any applicable state, or otherwise hypothecate (pledge), and in any way or manner deal with all or any part of any real or personal property whatsoever, tangible or intangible, or any interest therein, that I own at the time of execution or may thereafter acquire, under such terms and conditions, and under such covenants, as my Agent shall deem proper.
  • Stock and Bond Transactions –To purchase, sell, exchange, surrender, assign, redeem, vote at any meeting, or otherwise transfer any and all shares of stock, bonds, or other securities in any business, association, corporation, partnership, or other legal entity, whether private or public, now or hereafter belonging to me.
  • Commodity and Options Transactions –To buy, sell, exchange, assign, convey, settle and exercise commodities futures contracts and call and put options on stocks and stock indices traded on a regulated options exchange and collect and receipt for all proceeds of any such transactions; establish or continue option accounts for the principal with any securities or futures broker; and, in general, exercise all powers with respect to commodities and options which the principal could if present and under no disability.
  • Banking and Other Financial Institution Transactions –To make, receive, sign, endorse, execute, acknowledge, deliver and possess checks, drafts, bills of exchange, letters of credit, notes, stock certificates, withdrawal receipts and deposit instruments relating to accounts or deposits in, or certificates of deposit of banks, savings and loans, credit unions, or other institutions or associations. To pay all sums of money, at any time or times, that may hereafter be owing by me upon any account, bill of exchange, check, draft, purchase, contract, note, or trade acceptance made, executed, endorsed, accepted, and delivered by me or for me in my name, by my Agent. To borrow from time to time such sums of money as my Agent may deem proper and execute promissory notes, security deeds or agreements, financing statements, or other security instruments in such form as the lender may request and renew said notes and security instruments from time to time in whole or in part. To have free access at any time or times to any safe deposit box or vault to which I might have access.
  • Business Operating Transactions –To conduct, engage in, and otherwise transact the affairs of any and all lawful business ventures of whatever nature or kind that I may now or hereafter be involved in. To organize or continue and conduct any business which term includes, without limitation, any farming, manufacturing, service, mining, retailing or other type of business operation in any form, whether as a proprietorship, joint venture, partnership, corporation, trust or other legal entity; operate, buy, sell, expand, contract, terminate or liquidate any business; direct, control, supervise, manage or participate in the operation of any business and engage, compensate and discharge business managers, employees, agents, attorneys, accountants and consultants; and, in general, exercise all powers with respect to business interests and operations which the principal could if present and under no disability.
  • Insurance and Annuity Transactions –To exercise or perform any act, power, duty, right, or obligation, in regard to any contract of life, accident, health, disability, liability, or other type of insurance or any combination of insurance; and to procure new or additional contracts of insurance for me and to designate the beneficiary of same; provided, however, that my Agent cannot designate himself or herself as beneficiary of any such insurance contracts.
  • Estate, Trust and Other Beneficiary Transactions – To accept, receipt for, exercise, release, reject, renounce, assign, disclaim, demand, sue for, claim and recover any legacy, bequest, devise, gift or other property interest or payment due or payable to or for the principal; assert any interest in and exercise any power over any trust, estate or property subject to fiduciary control; establish a revocable trust solely for the benefit of the principal that terminates at the death of the principal and is then distributable to the legal representative of the estate of the principal; and, in general, exercise all powers with respect to estates and trusts which the principal could exercise if present and under no disability; provided, however, that the Agent may not make or change a will and may not revoke or amend a trust revocable or amendable by the principal or require the trustee of any trust for the benefit of the principal to pay income or principal to the Agent unless specific authority to that end is given.
  • Claims and Litigation – To commence, prosecute, discontinue, or defend all actions or other legal proceedings touching my property, real or personal, or any part thereof, or touching any matter in which I or my property, real or personal, may be in any way concerned. To defend, settle, adjust, make allowances, compound, submit to arbitration, and compromise all accounts, reckonings, claims, and demands whatsoever that now are, or hereafter shall be, pending between me and any person, firm, corporation, or other legal entity, in such manner and in all respects as my Agent shall deem proper.
  • Personal and Family Maintenance – To hire accountants, attorneys at law, consultants, clerks, physicians, nurses, agents, servants, workmen, and others and to remove them, and to appoint others in their place, and to pay and allow the persons so employed such salaries, wages, or other remunerations, as my Agent shall deem proper.
  • Benefits from Social Security, Medicare, Medicaid or Other Governmental Programs or Military Service – To prepare, sign and file any claim or application for Social Security, unemployment or military service benefits; sue for, settle or abandon any claims to any benefit or assistance under any federal, state, local or foreign statute or regulation; control, deposit to any account, collect, receipt for, and take title to and hold all benefits under any Social Security, unemployment, military service or other state, federal, local or foreign statute or regulation; and, in general, exercise all powers with respect to Social Security, unemployment, military service, and governmental benefits, including but not limited to Medicare and Medicaid, which the principal could exercise if present and under no disability.
  • Retirement Plan Transactions – To contribute to, withdraw from and deposit funds in any type of retirement plan (which term includes, without limitation, any tax qualified or nonqualified pension, profit sharing, stock bonus, employee savings and other retirement plan, individual retirement account, deferred compensation plan and any other type of employee benefit plan); select and change payment options for the principal under any retirement plan; make rollover contributions from any retirement plan to other retirement plans or individual retirement accounts; exercise all investment powers available under any type of self-directed retirement plan; and, in general, exercise all powers with respect to retirement plans and retirement plan account balances which the principal could if present and under no disability.
  • Tax Matters – To prepare, to make elections, to execute and to file all tax, social security, unemployment insurance, and informational returns required by the laws of the United States, or of any state or subdivision thereof, or of any foreign government; to prepare, to execute, and to file all other papers and instruments which the Agent shall think to be desirable or necessary for safeguarding of me against excess or illegal taxation or against penalties imposed for claimed violation of any law or other governmental regulation; and to pay, to compromise, or to contest or to apply for refunds in connection with any taxes or assessments for which I am or may be liable.

All or some of the powers listed above can be granted and a Durable Power of Attorney is effective immediately and continues until it is revoked.

Make your last wishes legal: In order to avoid being challenged by a 3rd party legally, a DPOA should be executed in front of a bonded notary public. Having the document signed and sealed by a notary public increases the likelihood of withstanding such a challenge. However, such notarization is not always necessary for such a document to be considered legal.

WARNING: If someone is already incapacitated, it is not possible for that person to execute a valid power. If a person does not have the capacity to execute a power of attorney (and does not already have a durable power in place), often the only way for another party to act on their behalf is to have a court impose a conservatorship or a guardianship.

Certification: American Marriage Ministries

ordained-minister-certificate-626677-regina-anne-danteWe now perform weddings in Florida and Colorado.

I am proud to announce, that on this 27th day of October, 2016;  I have been hereby certified upon the recommendation by the Church Board and recognized as a duly ordained minister of American Marriage Ministries.

 

 

3 things a Notary Public can not do…

       A Notary Public is an official of integrity appointed by the state government to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents.

—  I take my profession of being a Notary Public very seriously. It blows my mind how many times I am asked to do the opposite of what a Notary Public is supposed to do.  I am constantly called for notary service and asked to NOT perform my duties. Just for the record, There are three things a Notary Public (me) CAN NOT do:

  • A Notary Public CAN NOT notarize a document without witnessing the signer sign it.

  • A Notary Public CAN NOT notarize a document without valid identification of the signer.

  • A Notary Public CAN NOT notarize a document that is incomplete or blank.

It is illegal to perform any of these acts as a Notary Public.  Please think before you ask us to go against our moral and business integrity.  We are officially, by law, governed by the state to validate the signature of a signer.

If you are a Notary Public and have been faced with a similar issue, please comment below.

What is a Notary Public?

broward mobile notary954

What is a Notary Public?

A Notary Public certify the proper execution of many of the life-changing documents of private citizens.

A Notary’s duty is to screen the signers of important documents — such as property deeds, wills and powers of attorney — for their true identity, their willingness to sign without duress or intimidation, and their awareness of the contents of the document or transaction.

Do you need to establish responsibility of your estate to someone you trust? We come to you in Broward county to notarize your State of Florida Durable Powers of Attorney forms.

Call/Text 954-866-5056 or Click here for more information

 

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What is a “Self-proving” Affidavit and Who needs one?

willTo finalize your Will in Florida, you must sign your will in front of two witnesses, and your witnesses must sign your will.

In Florida, you do not need to notarize your will to make it legal.

However, the release of anything in your estate will be tied-up in probate to determine where you maintained your permanent residence (prior to death) and if you domiciled in Florida or some other state.

If your estate was never probated in the “home state,” then a representative must be appointed a to take the oath of at least one of the original witnesses to the will. In some cases, the persons who witnessed you sign your will may not be reachable, may have died or otherwise cannot be located, which can cause serious delays in the execution of your final wishes.

Click here to get more information on preparing your Last Will & Testament 

To avoid this, you can “self-prove” your will.

A Will is “Self-Proved” if there is an Affidavit attached to the Will which essentially says that the Will was signed by the testator in the presence of two witnesses and a notary public. This is referred to as a “Self-Proving Affidavit” with a notary seal/stamp towards the end of the Will.

If the Will is indeed “Self-Proved”, it should be admitted into probate administration without the necessity of any further proof. Neither the witnesses or the notary public need be located for further testimony or confirmation.

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What is a Last Will & Testament and Who needs one?

A will or testament is a legal document by which a person, the testator, expresses his or her wishes as to how his or her property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.

A will may also create a testamentary trust that is effective only after the death of the testator.

The testator is a person who has written and executed a last will and testament that is in effect at the time of his/her death

To help protect your family and your property, you can use a will to:

  • leave your property to someone you love or organizations you care about
  • name a personal guardian to care for your minor children
  • name a trusted person to care for and manage property you leave to your minor children,
  • and also name a personal representative, the person who makes sure that the terms of your will are carried out.

We provide private and confidential service throughout Broward county. We are background screened through the National Notary Association.  We do not give any legal advice or offer any legal representation.  You may want to consult an attorney in some cases. For example, if you think your will might be contested or if you want to disinherit a child or spouse, you should talk with an attorney. We simply professionally prepare your last wishes and notarize your signing.

Don’t let your estate go to probate! Contact our office today and setup your Last Will & testament signing with us at 954-866-5056

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