“Hot Topic”

by cmoy on November 1, 2014

           New Obama Executive Order To Help Protect Consumers From Credit and Debit Card Data Breaches

On Friday, October 17, 2014, President Obama signed a new Executive Order designed to provide further protection from identity theft and data breaches for consumers that receive federal benefits, such as Social Security through government-issued credit and/or debit cards. Under the Order, new credit and debit cards will have microchips embedded, as well as associated PINs, (similar to those used for other consumer debit cards) instead of the usual magnetic strips.

A replacement program for the cards is set to begin on January 1, 2015. According to Obama, the goal is to have more than “one million cards issued by the end of the year,” which he briefly discussed at the federal Consumer Financial Protection Bureau.

With regard to figures published by the White House, more than 100 million Americans over the past 12 months were affected by breaches of credit card payment systems at major retailers. Such retailers included well-known businesses like Home Depot, Kmart and Target.

Ultimately, the chip-and-PIN system, which is already standard in Europe, is designed to make it harder for cyber thieves to steal payment card information. According to the White House press release, the technology requires special readers to scan the chip, plus enter a PIN known only by the cardholder. The chip-and-PIN isn’t foolproof, but a unique code is generated by the chip each time the card is used, making it more difficult for criminals to create fraudulent card copies. This two-step authentication procedure is intended to be superior to the magnetic strip and signature process used by most cardholders and retailers.

Although Obama’s Order exclusively addressed government cards and the readers at federal agency facilities, retail businesses and banks are expected to jump on board. For example, Home Depot, Target and Walmart are already planning to have readers for chip-and-PIN cards installed in their stores by next year, the White House says.

In addition, Obama announced that he would be supporting the U.S. Federal Trade Commission in its development of a new resource for victims of data theft. IdentityTheft.gov, for instance, streamlines the process of reporting thefts to credit bureaus.


“Hot Topic”

by cmoy on February 22, 2014

What Exactly Is A Living Will?

A living will isn’t really a will at all, and doesn’t dispose of your property. Instead, a living will is an instrument that states your wishes for your care, in the event that you become terminally ill or permanently unconscious. Through a living will, you can state whether or not you want any type of treatment to prolong your life, reduce pain, or provide nourishment.

Many people think a living will is the same as a “durable power of attorney for healthcare,” but these documents are the not the same.  For example, a durable power of attorney for healthcare names a person (called an “agent”) who will be responsible for making decisions on your behalf if you become incapacitated and unable to care for yourself. This power becomes effective when you are determined to be incapacitated.  In reality, a durable power of attorney for healthcare is much broader than a living will, and gives the agent full decision-making authority with respect to a wide variety of situations involving your medical, surgical, hospital and related care. In contrast, a living will does not name an agent, and applies ONLY if you become terminally ill.

In Virginia one document, an Advance Health Care Directive (or Advance Medical Directive), serves the purpose of both a living will and durable power of attorney for healthcare.

What about my financial affairs – who manages those if I become ill or incapacitated?

If all you need is to designate someone to handle your financial affairs in the event you become ill or incapacitated, then it’s best to use a “Power of Attorney” instead of (or in addition to) a living will or advance health care directive. When you execute a Power of Attorney, you will designate a specific person to handle your financial affairs in the event you become ill or incapacitated. The person you name will then be able to perform a many duties such as paying your bills, managing your bank accounts, and investing your assets. In Virginia this document is called a Durable Power of Attorney for Finances.


Celeste M Moy PLLC offers Advance Health Care Directives, a Durable Power of Attorney for Finances, and more estate planning documents for sale online.

• Go to at www.moylawgroup.com

• Click the Legal Services tab, and then select Wills, Powers of Attorney, and Estate Planning

  • Select a document to purchase
  • Complete a simple, online Questionnaire and submit it to us via our web site.

• An attorney will review your submitted Questionnaire and contact you if additional information is needed to clarify your intent.

  • If necessary, your Attorney will draft language to make sure the document reflects your intent and is right for your circumstances.

• When your completed document is ready, an Attorney will upload it to your MyLegalAffairs™ web space and notify you via e-mail.

• Simply log into your secure web space to review, download and print your completed document.



Welcome To Our “Hot Topic” Legal Blog

September 22, 2011

Welcome to the Web site of Celeste M. Moy, Attorney at Law. Our goal is to make regular posts in this blog in the areas of Virginia Business & Corporate Law, Employment Law and Collection matters. Our posts will be mostly designed to educate our readers in these areas, particularly because they are constantly evolving.  Therefore, […]

Read the full article →