Cortes Law Firm: September 2022

Friday, September 30, 2022

When is the best time to get an estate plan? #shorts

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Originally published by Cortes Law Firm

How long does an estate plan take? #shorts

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Can you get an estate plan in one day? #shorts

Watch on YouTube here: Can you get an estate plan in one day? #shorts
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Estate planning is incapacity planning #shorts

Watch on YouTube here: Estate planning is incapacity planning #shorts
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Do I have to pick the same fiduciaries as my spouse? #shorts

Watch on YouTube here: Do I have to pick the same fiduciaries as my spouse? #shorts
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Thursday, September 29, 2022

Real estate inheritance must usually be probated #shorts

Watch on YouTube here: Real estate inheritance must usually be probated #shorts
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Real estate must be probated, usually #shorts

Watch on YouTube here: Real estate must be probated, usually #shorts
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Mom’s house belongs to me #shorts

Watch on YouTube here: Mom’s house belongs to me #shorts
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Life insurance proceeds are not an inheritance. #shorts

Watch on YouTube here: Life insurance proceeds are not an inheritance. #shorts
Originally published by Cortes Law Firm

Joey does not need to share insurance proceeds #shorts

Watch on YouTube here: Joey does not need to share insurance proceeds #shorts
Originally published by Cortes Law Firm

Cortes Law Firm Discusses the Value of a HIPAA Authorization

Cortes Law Firm, which is based in Oklahoma City, OK, has released a blog post that explains the importance of a Health Insurance Portability and Accountability Act (HIPAA) Authorization. This is a document that provides someone, typically one’s trustee and health care power of attorney, the power to have access to one’s medical records for the purpose of discussing one’s health with the medical providers. This is important because of the restriction imposed by the HIPAA Privacy Rule. The HIPAA Authorization has to be written in plain language, has to be in writing, and must contain certain statements and elements for it to be valid. It should also be used with a Living Will.

Important elements that have to be included in the HIPAA Authorization are: a description of the protected health information (PHI); the name of the person making the authorization; the name of the person or organization who is authorized to receive the PHI; a description of the use or purpose of the disclosure; an expiration date for the authorization; and the signature of the person making the authorization.

HIPAA Authoriation

Meanwhile, it should also contain the following statements: the person who gave the authorization has the right to revoke the authorization in writing at any time and a description of how they may revoke is also provided; the person’s payment, treatment, enrollment, or eligibility for benefits is not based on whether they signed the authorization or not; and any information revealed because of the authorization may be re-disclosed by a recipient and will no longer be subject to federal or state health privacy laws.

And it is important to understand the difference between right of access and authorization. The most notable difference is that “right of access” is a patient’s right to gain access to their own medical records while “authorization” refers to the patient’s consent to disclose PHI to a third party. However, it is possible for patients to use their right of access to request that their records be sent to a third party, for instance, a health care records app.

And it should be pointed out that patients giving reviews or testimonials on the website or Facebook page of a healthcare provider can’t be regarded as automatic HIPAA Authorization for their name or any other information about them to be used. Even just the name of the patient, connected to the healthcare provider is considered as PHI under HIPAA, and should never be disclosed on the Facebook page or website without a valid authorization. The solution for healthcare providers is to get an authorization for testimonials, the use of social media or photos, in advance.

Steve Cortes established the Cortes Law Firm in 2013 to provide probate and estate planning services for individuals, families, companies, and business owners in the Oklahoma City area. He is active in WealthCounsel, a national organization of leading professionals who provide advice on estate planning. He has been providing legal services for estate planning for various kinds of clients for more than 22 years. They discuss with the client the importance of titling assets and they will prepare various documents that will ensure the wishes of their clients will be followed. Attorney Steve Cortes says, “As your estate planning lawyer in Oklahoma City, I know that each individual and family is unique. That is why we take time at the beginning of each relationship to sit down and visit with you regarding your estate planning goals and dreams to carefully listen to your worries and fears. We are proud to provide each client personal representation and individual attention. It’s important to work closely with your estate planning attorney to make certain that all of your assets are distributed according to your wishes – and done so with the least amount of cost and time delay.”

https://youtu.be/DzoaKuS9M5g

To get more information about the HIPAA Authorization or other details about estate planning, people can go to the Cortes Law Firm website or contact them on the telephone or via email. They are open from 9:00 am to 5:00 pm, from Monday to Friday.

Source: Cortes Law Firm Discusses the Value of a HIPAA Authorization

Wednesday, September 28, 2022

Who cannot be an executor? #shorts

Watch on YouTube here: Who cannot be an executor? #shorts
Originally published by Cortes Law Firm

Should you pay mom’s debts? #shorts

Watch on YouTube here: Should you pay mom’s debts? #shorts
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Living will vs will #shorts

Watch on YouTube here: Living will vs will #shorts
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How much does a Probate fight cost? #shorts

Watch on YouTube here: How much does a Probate fight cost? #shorts
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Tuesday, September 27, 2022

Avoid inheritance fights with a personal property memorandum #shorts

Watch on YouTube here: Avoid inheritance fights with a personal property memorandum #shorts
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Avoid inheritance fights by reviewing your estate plan #shorts

Watch on YouTube here: Avoid inheritance fights by reviewing your estate plan #shorts
Originally published by Cortes Law Firm

Avoid inheritance fights by checking your beneficiary designations #shorts

Watch on YouTube here: Avoid inheritance fights by checking your beneficiary designations #shorts
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Avoid inheritance fights in your estate. #shorts

Watch on YouTube here: Avoid inheritance fights in your estate. #shorts
Originally published by Cortes Law Firm

Avoid inheritance fights by spending time with your family. #shorts

Watch on YouTube here: Avoid inheritance fights by spending time with your family. #shorts
Originally published by Cortes Law Firm

Cortes Law Firm Explains the Importance of an Advanced Directive

Cortes Law Firm, a practice based in Oklahoma City, OK, has released a blog post explaining what is an Advanced Directive and its importance. This particular document is also known as the living will and has the purpose of indicating the wishes of a person with regards to medical treatment in the event they are unable to communicate, such as incapacitation. Thus, it provides guidance to the health care professionals about the medical treatment the person would want in case they are unable to make decisions for themselves.

Steve Cortes, who heads the law firm, explains, “An advance health care directive, also known as living will or advanced directive is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness or incapacity. Legal instruments such as Durable Power of Attorney, Health Care Power of Attorney, Living Will and Advanced Directives can help in these situations.”

Advanced Directive Cortes Law Firm

It is important to note that advanced directives or living wills are not just for older adults. Situations that may cause a person to become incapacitated and unable to communicate to doctors and caregivers on their preferences for medical care, can happen at any age. One example of an advanced directive is a medical or health care power of attorney. This is also known as a durable power of attorney for health care or a health care proxy. Choosing someone to act as health care agent is essential. The choice of this health care agent will be based on the following criteria: the state’s requirements for a health care agent; not the client’s doctor or a part of one’s medical care team; willing and able to talk about medical care and end-of-life decisions; can be trusted to make decisions based on one’s wishes; and can be trusted to be one’s advocate in the event of a disagreement with regards to medical care.

In the case of an unconscious person who is suffering from a life-threatening injury or from a terminal illness, hospitals and doctors will consult the living will or advanced directive to decide on whether to provide life-sustaining treatment, such as tube feeding or assisted breathing. In case there is no living will or advanced directive, it will be up to the spouse, family members, or other third parties to decide. Some of the things that may be included in the advanced directive are possible end-of-life care decisions, such as: cardiopulmonary resuscitation (CPR); mechanical ventilation; tube feeding; dialysis; antibiotics or antiviral medications; comfort care or palliative care; organ and tissue donations; and donating one’s body for scientific study. The advanced directive must be reviewed and replaced with a new one in case: there is a new diagnosis; a change in marital status; and regularly every 10 years.

Founded in 2013, Cortes Law Firm is headed by Attorney Steve Cortes, who serves as a probate and estate planning lawyer for families, businesses, and entrepreneurs in Oklahoma City and neighboring areas. He has over 22 years of legal experience in both the private and public sectors. He has a special perspective when it comes to the importance of proper estate planning. During the estate planning process, they will prepare several documents for their clients and discuss with them the value of titling assets to ensure the estate planning documents will be working in according to the client’s wishes. They aim to make the estate planning process quick, accessible, and efficient to encourage people to create and finish their plan. Attorney Cortes has an active membership with the WealthCounsel, which is a national organization of top estate planning professionals. As a probate lawyer, he is ready to guide clients in going through the legal process and in distributing the client’s estate based on the wishes of the client.

https://youtu.be/YDByFwO82c0

Those who want to get more details about the Advanced Directive can visit the Cortes Law Firm website, call them on the phone or contact them through email. They are open from 9:00 am to 5:00 pm, from Monday to Friday.

Source: Cortes Law Firm Explains the Importance of an Advanced Directive