Who Should I Appoint as My Healthcare Surrogate?
Video Summary
Who should I appoint as my healthcare surrogate? First, what is a healthcare surrogate? A healthcare surrogate is someone you appoint to make healthcare decisions for you and usually in the healthcare surrogate form, it’s whenever you’re unable to make healthcare decisions. That person should be someone who is close to you and understands your desires and wishes, certainly your spouse would be, I would think primary. If you don’t have a spouse or significant other, if you have a child that is particularly nurturing or helps you with your medical problems or appointments and is aware of it, I think that they would be a great candidate. Also if you have any one of your children or family or friends who are nurses who are involved in the healthcare profession.
I also put in, whenever I designate or fill out the healthcare surrogate form, what they call a HIPPA waiver, because this person will be the one that will be the point person for your relatives and friends who want to know how you’re doing, because the medical community cannot release information to anyone without a HIPPA waiver. We usually attach a HIPPA waiver to your healthcare surrogate form so that they will release medical information to your healthcare surrogate. Hopefully, that will give you some sort of guidelines. Certainly don’t name the healthcare surrogate as the same person as your Power of Attorney who will handle financial matters and that you would want to designate someone that has a little more business expertise and that may not be the same person.
If you would like to have a healthcare surrogate done or some estate planning, give me a call at 727-847-2288. Thank you.
- Published in Estate Planning, Videos
Can I Terminate a Notice of Commencement?
Video Summary
Can I terminate a Notice of Commencement? Before answering the question, I’d like to first talk about a Notice of Commencement and why we have notices of commencement. They are an integral part of the construction lien law in Florida. And it’s the owner’s responsibility to record this Notice of Commencement before starting construction. In fact, in order to get a building permit, you must have a Notice of Commencement recorded.
The Notice of Commencement gives everyone who works on the property the name of the owner of the property so that they can give them a notice to owner that they are working on the property. It also gives the contractors name and address so that they sub contractor can also give notice to the contractor that he is giving notice to the owner that he’s working on it. So this all ties into the owner then, having the responsibility to obtain a waiver from anyone that is working on the property that has given notice to owner.
So in order to terminate your Notice of Commencement, you obtain an affidavit from your contractor that says he has completed all the work or he has been paid for his services and he has paid all of his subcontractors and material men. So at that point you are then in a position to terminate the Notice of Commencement and you can rely upon the contractor’s final affidavit.
There are some other circumstances whenever you may want to terminate your Notice of Commencement in the event that you started construction or you filed a Notice of Commencement and then you got a mortgage. Now you have a problem because the liens revert back to the Notice of Commencement, so now you have a mortgage and the lender won’t close on it because you can’t give them clear title or first lien position because the liens revert make to the Notice of Commencement.
So there is a process whereby you can terminate the Notice of Commencement and then later file a new one. I don’t have enough time to talk about whenever a contractor goes bad and you terminate his services, on how to file a Notice of Recommencement after a termination of a contractor.
If you have any questions about Notice of Commencements, give me a call at (727) 847-2288. Thank you.
- Published in Real Estate, Videos
How Do I Write Corporate Minutes?
Video Summary
How do I write corporate minutes? Well first let’s talk about what we mean by corporate minutes. Each year, at least once a year, you need to have a shareholders meeting and under your bylaws of your corporation you have to give notice to the shareholders that you’re holding a meeting. What you customarily do is simply have a waiver signed particularly whenever let’s say one or two shareholder corporation and they simply waive notice of the meeting. The shareholders then primary function is to elect the directors and so you write up the minutes giving the date, time and place the meeting took place, who was present and how many shares of stock that each of the shareholders held and hopefully if they were present or not so that you have a quorum and you further go on down in the minutes and say that the shareholders conducted an election and elected so and so, which is usually themselves, as the directors of the corporation. And then you have the secretary sign off on the minutes and put those in the corporate record book with the waiver of the notice of the meeting.
Then the directors usually meet immediately thereafter, if it’s a small corporation, and again, if there are just one or two directors, you have them sign a waiver of the notice of the meeting. So then the directors, their primary function are to select the officers for the upcoming year and they elect who the president, vice president, secretary, treasure is concern. Also that they may approve any major purchases that the president or someone has done during the past year, possibly approve salaries; contributions to 401K’s, compensation, bonuses, and things such as this would then go in the director’s meeting for the various officers. And then again, you have the Chairman of the Board sign the minutes as well as the secretary for the corporation and then insert the waiver of the meeting and the minutes.
We, at my office, send out a questionnaire and a notice that these minutes need to be done. Each year we try to send it out the first part of the year and ask for the information and then we prepare these in duplicate; the shareholders minutes and the director’s minutes. Once we have them prepared in duplicate, we send them back out to be signed with one copy going in our file for the corporation, the other going in the corporate record book.
I believe we charge $250 for the preparation of the minutes each year. We also remind you that you must file with the Secretary of State each year and right now the fee is $150 must be paid before May 1st, 2000, well its May 1st of each year.
It is also very critical that you have shareholder meetings and director’s minutes if you want to enjoy the protection of not being liable for the corporate debts. Because if you’re going to be a corporation, you need to act like a corporation and have your annual meeting of shareholders, elect directors, the directors need to elect the officers and then whenever you are sued and they attempt to pierce the corporate veil, then you have the corporate minutes to show that these are corporate debts and the shareholders will not be personally liable for the corporation debts.
So if you have any questions about your corporate minutes, give me a call at (727) 847-2288. Thank you.
- Published in LLC's and Corporations, Videos