Durable Power Of Attorney

Posted by on August 19, 2015

Read An Opinion On:

By Jeff Moore

No matter how badly we might want to, we can’t foresee the future.

Everyday people are diagnosed with unexpected illnesses, or are badly hurt in an accident. Most of the time we maintain enough control over are senses that we are able to make and understand all of our medical treatments but is some instances we simply don’t have the mental competency to do that.

There are some steps you can take to maintain control of your situation.

Some people like to draft a living will. A living will is a document that clearly states what treatments, drugs, and precaution you will accept. Many people include a note about situations when they do not want to be resuscitated. It is important to remember that they living wills are only good if people know where to find them. A living will that has been shoved into the back of a closet somewhere will not do you any good if you are in a coma in a hospital room.

YouTube Preview Image

Other people assign a person with something called durable power of attorney. The person who receives durable power of attorney is the person who will be making all medical decisions if you loose competency. This person is called the patient advocate. If you do not loose your competency doctors will not have to consult this person.

Before someone has durable power of attorney, you (in legal terms you are called the principal) must file a document that states you trust somebody (they are called either the agent, patient advocate, or the attorney-of-fact) enough to let them make medical decisions on your behalf. The agent can be any competent adult over the age of eighteen. Most people choose a family member, spouse, life partner, or friend to act as their agent. Some people even ask a bank or their family lawyer to act as their agent, although this is more common in financial matters then medical. The agent must be someone you can trust with your life, literally.

Whomever you appoint as you patient advocate you need to make sure that they know and understand your beliefs about your medical treatment, discuss every medical eventuality. Make sure that your patient advocate is comfortable with your asking that their morals won’t interfere with your medical wishes. Once you have decided to give somebody durable power of attorney make sure their full name, current address, and current telephone number are included in you medical files.

It is important to make sure that the word durable is listed on the contract you sign. If the word is not on the document the document is only valid while you are alive and in full control of your mind. If the document only says power of attorney the paper becomes invalid when you are declared incompetent. Non-durable power of attorney is generally used for financial matters.

It doesnt hurt to have a second person waiting to take over durable power of attorney if your first choice can not be reached.

Durable power of attorney is recognized in all fifty states.

About the Author:

somelivngwill.com

,

the-camera-shop.com

and

pro-street-racing-parts.com

are websites that Jeff Moore writes articles for.

Source:

isnare.com

Permanent Link:

isnare.com/?aid=138906&ca=Family+Concerns

Topics: Lawyers And Law Firms | No Comments »

Pirate Bay case: Internet group attacks websites in “Operation Baylout”

Posted by on August 19, 2015

Saturday, April 25, 2009 

Anonymous, the loosely defined online activist group most known for organizing mass protests against the Church of Scientology, has begun a campaign against the websites of entities associated with the prosecution in the Pirate Bay Trial, Wikinews has learned.

Termed “Operation Baylout”, the group claims that hundreds of volunteers are taking part in coordinated efforts to jam the websites of the International Federation of the Phonographic Industry and MAQS, a law firm working with the prosecution in the Pirate Bay case. As of Friday evening MAQS’s website read “Our website is currently under attack and we have therefore decided to shut it down until the attack ceases.”

The group is also coordinating efforts to jam the fax lines of the MPAA’s anti-piracy office and of prosecuting attorney Monique Wadsted.

Andrew Norton of Pirate Party International rejected the attacks, saying, “While we can’t condone these acts, it does show there is a wealth of feeling that opposes the decisions and actions of this trade body. Perhaps if this trade group [the IFPI] was not so focused on increasing their members’ short-term profits, and focused on long term growth and giving customers what they have wanted for the last 10 years, we would not all be in this situation now. However, if people really want to make a difference, and get a result, then they should be supporting their local pirate parties, which will give a lasting result, by providing a government that is more resistant to the lobbying efforts of the IFPI and their ilk.”

While one participant told Wikinews that he or she had taken part in the Church of Scientology protests, and while websites announcing the attacks claim to be affiliated with Anonymous, the decentralized and informal nature of the group makes it difficult to verify whether the attacks are a “legitimate” Anonymous operation.

Some seven hundred to one thousand users took part in an April 20 distributed denial of service (DDOS) “raid” against the IFPI’s website, taking it down for several hours.

The group makes use of Anonymous’s tactics from Project Chanology in coordinating raids. Ideas for targets are proposed in open discussion forums on a range of websites, mainly spinoffs of 4chan, although both participants Wikinews spoke to expressed disdain for that site particularly. When an idea finds favor with a significant portion of the group, it quickly — sometimes within four hours — evolves and is elaborated through a number of IRC channels. As a plan develops, word is put out to other members, and when enough people are assembled, the members activate customized but rudimentary programs downloaded from popular anonymous upload sites such as RapidShare to their home computers. These programs, “Epic Fail Cannon” and “Bayloutlazer”, execute a UDP ping flood against the target website. Most participants are by and large not computer experts, instead relying on the instructions and programming skills of others.

The group also coordinates its efforts through Anonymous’s message boards and one message announced, “Do local coordinating for individual cells on their respective Chanology boards.” Posters to those boards express common themes in support of The Pirate Bay: against censorship, for freedom of information and in personal concern about being jailed for internet piracy.

However, most participants are casual rather than dedicated members, involved “for lulz” — cheap entertainment at the expense of others.

One participant quoted to Wikinews the following statement from 888chan.org, a message board where the Baylout raids originated: “Project Chanology began as an online attack against Scientology because they fucked with our Internets. Nothing more. 2) It has since morphed into a caricature of itself, in which moralfags genuinely think it’s all about destroying an evil cult. We couldn’t care less about how evil they are except that they fucked with our Internets. 3) The lulz value of Project Chanology now lies in the fact that Anon has managed to personal army thousands of people into destroying our enemy for us. People will go to great lengths to participate and contribute to a “cause” when they don’t know they’re the victims of a very grand and subtle troll. The lulz is not in what they do but in the fact that they are being PA’d by Anons. This moralfag personal army in turn trolls everyone who takes them seriously, because they take themselves seriously, without ever being aware of the fact of the troll themselves. It’s pretty slick tbh.”

It is, however, entirely possible that this assertion is itself a bluff.

Coordinated attacks against Swedish government and media industry websites have become commonplace in retaliation for legal actions against The Pirate Bay.

The group plans its next raid to take place at 12:00 GMT on April 26, against the IFPI’s Swedish website. Previous attacks on websites have been attributed to the same group. On January 20, 2008 Anonymous claimed responsibility for attacking the Church of Scientology’s website which resulted in an arrest. In October 2008, Dmitriy Guzner, aged 18, admitted to the DDOS attack on the Church and pleaded guilty to computer hacking.

Topics: Uncategorized | No Comments »

High Court of Australia dismisses appeal against conviction, compulsory voting

Posted by on August 19, 2015

Wednesday, April 17, 2013 

Last Friday, following over two years of lawsuit over failure to participate in general election, Anders Holmdahl attended a High Full Court of Australia hearing with an audio-link from Canberra to Adelaide, South Australia, claiming voting is a right, not a duty, citing the Australian constitution. However the Justices dismissed the application for leave to appeal against conviction, ruling it had “no prospect of success” over a point that the Commonwealth Electoral Act was enacted within power.

Anders Holmdahl was represented by Kevin Borick, QC, the president of the Australian Criminal Lawyers Association, throughout the process.

Anders Holmdahl cited “fundamental distinction” between the words vote, which he defined as “exercise of free will”; right, “something you are privileged to be granted”; and duty, “something you are required to do”. After a 20-minute discourse with the lawyer representing the applicant, Justice Kenneth Hayne said, “An appeal to this Court would enjoy no prospect of success. Special leave to appeal is refused.” and adjourned the Court. Justices Stephen Gageler, Patrick Keane were also present at the hearing and participated in the verbal discourse, also enquiring the lawyer about their reasoning but not specifying reasons other than what Hayne J said. Wikinews contacted both Anders Holmdahl and the High Court and confirmed there was no other documentation of reasons behind the judgment.

The standard High Court procedures involve hearing each matter by a single Justice and only escalating it after a special leave to appeal is granted. The current case had been irregular, as the matter had been escalated to the Full Court (three Justices) directly.

The appeal also had exhausted lower means of appeal before being lodged in High Court; the Supreme Court of South Australia had dismissed it on September 24, 2012. It cited that the Australian Constitution allows each state to enact their own election laws, and the Federal Parliament has the power to make laws “with respect to … matters in respect of which this Constitution makes provision until the Parliament otherwise provides”. The Court concluded that the Commonwealth Electoral Act was legislation enacted within power.

Prior to escalation to the Supreme Full Court of South Australia, in May 2012, a single Justice Gray had forwarded the matter for consideration of Full Court (three Judges) at his discretion. This happened several months after a Magistrate had recorded the conviction following a trial in February 2012. Anders Holmdahl originally pleaded not guilty during his first Magistrates court appearance in December 2011 regarding the August 21, 2010 election.

The electoral system of Australia requires all citizens to enroll. Then they must vote at each general election — election of members of the House of Representatives and Senate of the Parliament of Australia. At the time of the election, Anders Holmdahl was enrolled as an elector on the Commonwealth Electoral Roll for the Division of Hindmarsh.

The High Full Court hearing was a last instance of appeal with further escalation only possible at international level. Anders Holmdahl had decided to take the case before the United Nations Human Rights Council.

Topics: Uncategorized | No Comments »

High Court of Australia dismisses appeal against conviction, compulsory voting

Posted by on August 19, 2015

Wednesday, April 17, 2013 

Last Friday, following over two years of lawsuit over failure to participate in general election, Anders Holmdahl attended a High Full Court of Australia hearing with an audio-link from Canberra to Adelaide, South Australia, claiming voting is a right, not a duty, citing the Australian constitution. However the Justices dismissed the application for leave to appeal against conviction, ruling it had “no prospect of success” over a point that the Commonwealth Electoral Act was enacted within power.

Anders Holmdahl was represented by Kevin Borick, QC, the president of the Australian Criminal Lawyers Association, throughout the process.

Anders Holmdahl cited “fundamental distinction” between the words vote, which he defined as “exercise of free will”; right, “something you are privileged to be granted”; and duty, “something you are required to do”. After a 20-minute discourse with the lawyer representing the applicant, Justice Kenneth Hayne said, “An appeal to this Court would enjoy no prospect of success. Special leave to appeal is refused.” and adjourned the Court. Justices Stephen Gageler, Patrick Keane were also present at the hearing and participated in the verbal discourse, also enquiring the lawyer about their reasoning but not specifying reasons other than what Hayne J said. Wikinews contacted both Anders Holmdahl and the High Court and confirmed there was no other documentation of reasons behind the judgment.

The standard High Court procedures involve hearing each matter by a single Justice and only escalating it after a special leave to appeal is granted. The current case had been irregular, as the matter had been escalated to the Full Court (three Justices) directly.

The appeal also had exhausted lower means of appeal before being lodged in High Court; the Supreme Court of South Australia had dismissed it on September 24, 2012. It cited that the Australian Constitution allows each state to enact their own election laws, and the Federal Parliament has the power to make laws “with respect to … matters in respect of which this Constitution makes provision until the Parliament otherwise provides”. The Court concluded that the Commonwealth Electoral Act was legislation enacted within power.

Prior to escalation to the Supreme Full Court of South Australia, in May 2012, a single Justice Gray had forwarded the matter for consideration of Full Court (three Judges) at his discretion. This happened several months after a Magistrate had recorded the conviction following a trial in February 2012. Anders Holmdahl originally pleaded not guilty during his first Magistrates court appearance in December 2011 regarding the August 21, 2010 election.

The electoral system of Australia requires all citizens to enroll. Then they must vote at each general election — election of members of the House of Representatives and Senate of the Parliament of Australia. At the time of the election, Anders Holmdahl was enrolled as an elector on the Commonwealth Electoral Roll for the Division of Hindmarsh.

The High Full Court hearing was a last instance of appeal with further escalation only possible at international level. Anders Holmdahl had decided to take the case before the United Nations Human Rights Council.

Topics: Uncategorized | No Comments »

Private Investor Funding Get The Money You Need To Invest Now

Posted by on July 20, 2015

By Josh Neumann

To support new business especially in real estate, construction, entertainment you need a back up of private investor funding. You also need to have fair to excellent credit score to obtain private investor funding. There are many known names in this business.

An individual who has done well financially and is ready to provide capital for a business is known as an Angel investor. Although Angels are thought of as individuals, the actual entity that provides the funding may be a trust, business, investment fund, etc.

Private investor funding basically lends you money against your private trust deeds, excellent business idea, and liquid rate of the land or business. As long as you have a plan and a proven track record, this is the main thing that these funding institutions look for.

YouTube Preview Image

This kind of funding comes with a high risk and therefore they demand a high return on investment. Individuals providing private investor funding have an exit strategy planned so that the original investment bring them more than five times the return in 3 to 5 years. The exit strategy could include IPOs or acquisition.

A private investor funding is done by reviewing the business plan. The funding institute or the individual then have an investment proposal that is both sensible and sufficiently attractive to investors. This funding can be raised by a group of investors as well.

Not just in the US but this type of funding can support new businesses in developing countries too. Venture capital and private investor funding work hand in hand for somebody who is setting up a new business. Companies use these funds to increase its R&D, sales and marketing efforts.

Private investors are now seeking to organize themselves, making a bigger entity than just working individually to receive small gains. Once they pool in their investments and form a network of private investors they can get bigger returns and this idea is very alluring.

The bottom line: even if you don’t have the money right now to invest, you can certainly find the money, whether you have to pool your money with others or obtain private investor funding from an institution. Don’t let a lack of funds hold you back; do your research, formulate a plan, and start investing and getting rich from the market.

About the Author: For more tips for investing in the stock market, visit stock-investing-tips.com, a popular site that teaches how to make a fortune in the market.

Source: isnare.com

Permanent Link: isnare.com/?aid=189597&ca=Finances

Topics: Financial Services | No Comments »

Commonwealth Bank of Australia CEO apologies for financial planning scandal

Posted by on July 20, 2015

Thursday, July 3, 2014 

Ian Narev, the CEO of the Commonwealth Bank of Australia, this morning “unreservedly” apologised to clients who lost money in a scandal involving the bank’s financial planning services arm.

Last week, a Senate enquiry found financial advisers from the Commonwealth Bank had made high-risk investments of clients’ money without the clients’ permission, resulting in hundreds of millions of dollars lost. The Senate enquiry called for a Royal Commission into the bank, and the Australian Securities and Investments Commission (ASIC).

Mr Narev stated the bank’s performance in providing financial advice was “unacceptable”, and the bank was launching a scheme to compensate clients who lost money due to the planners’ actions.

In a statement Mr Narev said, “Poor advice provided by some of our advisers between 2003 and 2012 caused financial loss and distress and I am truly sorry for that. […] There have been changes in management, structure and culture. We have also invested in new systems, implemented new processes, enhanced adviser supervision and improved training.”

An investigation by Fairfax Media instigated the Senate inquiry into the Commonwealth Bank’s financial planning division and ASIC.

Whistleblower Jeff Morris, who reported the misconduct of the bank to ASIC six years ago, said in an article for The Sydney Morning Herald that neither the bank nor ASIC should be in control of the compensation program.

Topics: Uncategorized | No Comments »

South African prosecutors charge ANC leader Jacob Zuma with corruption

Posted by on July 19, 2015

Saturday, December 29, 2007 

Corruption-related charges have been brought against Jacob Zuma, the newly-elected leader of the African National Congress (ANC), according to his lawyer. A trial is scheduled to begin on August 14, 2008.

The charges stem from an arms deal with a French company, which is alleged to have involved bribes and fraud. Zuma’s financial adviser at the time, Schabir Shaik, was convicted in 2005 of attempting to solicit a bribe of US$72,500 per year from the arms company on Zuma’s behalf and was sentenced to 15 years in prison. Zuma was fired as deputy president in 2005 by South African President Thabo Mbeki due to the scandal.

Two-term ANC leader Mbeki recently lost an ANC leadership contest to Jacob Zuma, who garnered about 60 percent of delegate votes in his win.

Zuma had been charged with corruption in 2005, but the case was dismissed on procedural grounds. Michael Hulley, Zuma’s defence lawyer, indicated that they will strongly contest the new charges in court. Hulley also suggested that the South African government’s National Prosecuting Authority (NPA) and its anti-organised crime division known as The Scorpions, have carried out a smear campaign against Zuma.

“These charges will be vigorously defended, in the context of the belief that the Scorpions (NPA) have acted wrongly and with improper motive calculated to discredit Mr. Zuma and ensure that he play no leadership role in the political future of our country,” said Michael Hulley in a statement.

Given that the ANC has been the governing party in South Africa since the end of apartheid in 1994, it is likely that Jacob Zuma could become the next president after general elections in 2009. Zuma has said, however, that he would resign if he was found guilty by the courts.

Topics: Uncategorized | No Comments »

Commonwealth Bank of Australia CEO apologies for financial planning scandal

Posted by on July 19, 2015

Thursday, July 3, 2014 

Ian Narev, the CEO of the Commonwealth Bank of Australia, this morning “unreservedly” apologised to clients who lost money in a scandal involving the bank’s financial planning services arm.

Last week, a Senate enquiry found financial advisers from the Commonwealth Bank had made high-risk investments of clients’ money without the clients’ permission, resulting in hundreds of millions of dollars lost. The Senate enquiry called for a Royal Commission into the bank, and the Australian Securities and Investments Commission (ASIC).

Mr Narev stated the bank’s performance in providing financial advice was “unacceptable”, and the bank was launching a scheme to compensate clients who lost money due to the planners’ actions.

In a statement Mr Narev said, “Poor advice provided by some of our advisers between 2003 and 2012 caused financial loss and distress and I am truly sorry for that. […] There have been changes in management, structure and culture. We have also invested in new systems, implemented new processes, enhanced adviser supervision and improved training.”

An investigation by Fairfax Media instigated the Senate inquiry into the Commonwealth Bank’s financial planning division and ASIC.

Whistleblower Jeff Morris, who reported the misconduct of the bank to ASIC six years ago, said in an article for The Sydney Morning Herald that neither the bank nor ASIC should be in control of the compensation program.

Topics: Uncategorized | No Comments »

Project Management: The Contractor? Design Specification

Posted by on October 3, 2014

Project Management: The Contractor’s Design Specification

by

John Reynolds

If, after serious consideration of the customer’s enquiry specification, a contractor decides to prepare a tender, the contractor must obviously develop technical and commercial proposals for carrying out the work. These proposals will also provide a basis for the contractor’s own provisional design specification. It is usually necessary to translate the requirements defined by the customer’s specification into a form compatible with the contractor’s own normal practice, quality standards, technical methods and capabilities. The design specification will provide this link.

YouTube Preview Image

It is well known that there are often several different design approaches (proposed solutions) by which the desired end results of a project can be achieved. There are therefore likely to be considerable technical differences between the proposals submitted by different companies competing for the same order. Since the contract has been awarded, however, the number of possible design solutions should have been reduced to one: namely, that put forward by the chosen contractor. But within that general solution or concept there might still exist a considerable range of different possibilities for the detailed design and make-up of the project.

Taking just a tiny element of a technical project as an example, suppose that an automated plant is being designed in which there is a requirement to position a lever from time to time by automatic remote control. Any one or combination of a number of drive mechanisms might be chosen to move the lever. Possibilities include hydraulic, mechanical, pneumatic, or electromagnetic devices. Each of these possibilities could be subdivided into a further series of techniques. If, for example, an electromagnetic system were chosen, this might be a solenoid, a stepping motor or a servomotor. There are still further possible variations within each of these methods. The device chosen might have to be flameproof of magnetically shielded, or special in some other respect.

Every time the lever has been moved to a new position, several methods can be imagined for measuring and checking the result, including electro-optical, electrical, electronic, or mechanical. Very probably the data obtained from this positional measurement would be used in some sort of control or feedback systems to correct errors. There would, in fact, exist a very large number of permutations of all the possible ways of providing drive, measurement, and positional control. The arrangement eventually chosen might depend not so much on the optimum solution (if such exists) as on the contractor’s usual design practice or simply on the personal preference of the engineer responsible.

Without detailed design specifications, there would be a danger that a project could be priced and sold against one set of designs solutions, but actually executed using a different, more costly, approach. This danger is very real. The danger is greater when the period between submitting a quotation and actually receiving the order exceeds a few weeks, allowing time for the original intentions to be forgotten. Thus, it is important to develop quality design specifications when the project is first proposed and be able to stick close to those specifications through the life cycle of the project.

John Reynolds has been a practicing project manager for nearly 20 years and is the editor of an informational website

rating project management software products

. For more information on project management and project management software, visit

Project Management Software Web

.

Article Source:

ArticleRich.com

Topics: Management System | No Comments »

Yahoo! News

Posted by on September 25, 2014

Yahoo News originated as a pure Internet-based news aggregator by Yahoo. It categorized news into “Top Stories”, “U.S. National”, “World”, “Business”, “Entertainment”, “Science”, “Health”, “Weather”, “Most Popular”, “News Photos”, “Op/Ed”, and “Local News,” a format it still largely uses today.

Articles in Yahoo News originally came from news services, such as Associated Press, Reuters, Agence France-Presse (AFP), Fox News, ABC News, NPR, USA Today, CNN.com, CBC News, Seven News, and BBC News.

In 2001, Yahoo News launched the first “most-emailed” page on the web.[1] The idea was created and implemented by Yahoo software engineer Tony Tam.[2]

Yahoo allowed comments for news articles until December 19, 2006, when commentary was disabled. Comments were re-enabled on March 2, 2010.[3] Comments were temporarily disabled between December 10, 2011, and December 15, 2011, due to glitches.[citation needed]

In June 2011, Yahoo News was rebuilt using an internal content management system called the Yahoo Publishing Platform.[4] The same platform now powers Yahoo News in the following regions and languages: Argentina,[5] Brazil,[6] Canada,[7] English,[8] Chile,[9] Colombia,[10] Mexico,[11] Peru,[12] Spanish (US),[13] English (US),[14]], Venezuela,[15] Hong Kong,[16] English (India),[17] Marathi,[18] Tamil,[19] Indonesia,[20] Malaysia,[21] Philippines,[22] Singapore,[23] Taiwan,[24] France,[25] Germany,[26] Italy,[27] Spain,[28] and the United Kingdom.[29]

Since 2011, Yahoo has expanded its focus to include original content, as part of its plans to become a major media organization.[30] Veteran journalists, including Walter Shapiro and Virginia Heffernan, were hired, while the website had a correspondent in the White House press corps for the first time in February 2012.[30][31] Alexa lists Yahoo News as one of the world’s top news sites.[32]

On August 29, 2012, Yahoo News fired Washington bureau chief David Chalian after he made a disparaging comment about Republican Presidential nominee Mitt Romney and his wife Ann Romney during the 2012 Republican National Convention in Tampa, Florida. With Hurricane Isaac entering Louisiana, Chalian suggested that “They’re not concerned at all. They’re happy to have a party with black people drowning”.[33]

According to an interview with Yahoo’s CEO Marissa Mayer Yahoo News will start displaying Twitter updates alongside news on both Desktop and Mobile in the United States in May 2013.[34]

In November 2013, Mayer announced Yahoo had hired former CBS Evening News anchor Katie Couric as Global Anchor of Yahoo News.[35]

Yahoo! developed an application that collects the most-read news stories from different categories for iOS and Android. The app was one of the winners of 2014 Apple Design Awards.[36]

In April 2009, Yahoo News ranked second among global news sites in terms of users from the United States, after msnbc.com and ahead of CNN, according to Nielsen Ratings.[37]

Topics: Uncategorized | No Comments »

Next Entries »