LawSafe Systems, LLC
1. Permitted Use. We will use your Contact Information to communicate with you. We do not in the course of our day-to-day business operations have access to your Documents and Information. Members of your Circle of Trust and your Professional of Record may have access to your Documents and Information but only if you give them access and only to the extent of the permissions you grant to such persons.
2. Logistical Data about your LawSafe. We do have information about how much data you store in your LawSafe (i.e., the number of megabytes), the number of documents, the frequency with which you access your LawSafe, and the last time you accessed it, the number of people in each LawSafe’s Circle of Trust, and which LawSafe organizers you have or have not completed. That data, which does not identify you nor is it used or shared with any third party, may only be used by LawSafe Systems, LLC to improve functionality and usability of our application.
4. Members of your Circle of Trust. By including anyone in your Circle of Trust you acknowledge he or she may have or may be given access to your sensitive and private Documents and Information during your lifetime even if you are not incapacitated, and there is a risk of that person sharing your Documents and Information with other people whom you may find objectionable. You understand that a member of your Circle of Trust may misuse it, intentionally or accidentally, and in either case that such disclosure may cause you financial or other harm. While we believe our email notification and activity tracking features will discourage your Circle of Trust from arbitrarily accessing your Documents and Information, they may still access your LawSafe without any reason and you may not receive actual notice of such access. You may add or remove people from your Circle of Trust, and you may give them limited or broad permission to access your Document and Data. Who you place in your Circle of Trust and what permissions you give them, if any, is completely up to you. We recommend you obtain legal or other advice before choosing members of your Circle of Trust.
5. Granting Legal Authority in your Legal Documents. The people who have direct, legal control and authority over your financial, health care matters in case of an emergency and/or over your “estate” or “Trust” are the people you expressly nominate in signed legal documents like your power of attorney, medical advocate designation, last will or revocable trust. You will probably but not necessarily place those people in your Circle of Trust. But just because you place someone in your Circle of Trust does not mean they have legal authority over any of your affairs, they just have whatever access and permission you give them to the Documents and Information in your LawSafe.
Your legal documents might designate one person as the primary person to handle your affairs, and also designate one or more “backups” or “successors” in case the primary person is not able to handle things. You might include in your Circle of Trust not only the primary person but also one or more backups. You need to understand that while your Circle of Trust Members may have access to your Documents and Information, unless they are “officially” designated in your legal documents to exercise authority and control over your affairs and they in fact formally accept that authority they cannot legally do anything with your Documents and Information.
6. Access by Your Professional of Record. Your Professional of Record may have “Open Access” to your LawSafe. With Open Access your Professional may do everything you may do with your LawSafe. For example, your Professional may upload Documents, rename, move and delete them, as well as enter and edit Financial and Personal Information, add people to your Circle of Trust and modifying their Access and Permissions. Open Access permits your Professional to access your LawSafe anytime without notification to you, although in all cases certain actions taken by your Professional are recorded in your Activity Log. Initially, Open Access facilitates the Professional in helping you set up your LawSafe, and afterwards it enables your Professional to maintain and update your LawSafe. You and/or Members of your Circle of Trust may have permission to Close your Professional’s Access (and in that event, to re-open it later). But that depends upon your arrangement with your Professional since all professionals have the ability to prohibit their clients from Closing Access. If access is Closed your Professional cannot view anything inside your LawSafe, cannot edit or delete items, nor add or modify your Circle of Trust. Once access is Closed the only way your Professional can obtain Open Access is if you or a Member of your Circle of Trust goes to the Professional Details page and selects Open Access, or if that is not possible your Professional may invoke our Emergency Access protocol.
Emergency Access gives your Professional all the same permission as Open Access except upon entering your LawSafe under Emergency Access you and your Circle of Trust Members are sent a notification that the Professional is accessing your LawSafe. Also and importantly, Emergency Access may only be invoked if your Professional has good cause to believe doing so is reasonably necessary to assist those people who have legal authority over your financial or personal/medical matters and your Professional reasonably believe you need such assistance. Emergency Access is only necessary if your Professional does not have Open Access.
Some people prefer access remain open and others prefer that access be closed. Further, some Professional prohibit their clients and their clients Circle of Trust from Closing Access and other Professionals themselves Close Access after the engagement with their client is over. These matters depend entirely upon your relationship with your Professional and either option may be suitable. In all events actions taken by your Professional while in your LawSafe and documented in your Activity Log. Notwithstanding the foregoing, if access is closed your Professional may still Upload Documents to your LawSafe without invoking Emergency Access. That permission does not enable the Professional to see anything other than the names of the Folders within your LawSafe for purposes of choosing where to place the new Document. This “mail slot” feature is a tool available to your Professional so that he or she may scan and Upload Documents for you anytime.
7. Circle of Trust Emergency Access. If you have an emergency, and upon your death, if your Circle of Trust is unable to access everything in your LawSafe they may gain access to everything through your Professional of Record. Any member of your Circle of Trust may ask your Professional of Record to determine who has the legal authority to handle your affairs and grant that person, or persons, access. If there is one or more persons who have such legal authority, upon their formal acceptance of such duties your Professional of Record may give that person complete access to your LawSafe; but first, the Professional will determine if in fact the standard set in your legal documents has been met in order to give such access and to whom. If you do not have legal documents designating one or more persons with authority over your financial and/or medical matters, a probate court order will be required for such access to be granted.
8. Access to your Documents and Information. We know that giving access to your private Documents and Information to anyone creates a dilemma for you. On one hand, it may be convenient and helpful for you, your family and heirs if certain people have access to legal documents or financial/medical information in case you are incapacitated or have passed away; but on the other hand, you may prefer (if not demand) to keep your Documents and Information private until the very moment such emergency arises.
If you have an emergency, the people you name in your legal documents will use the authority under those documents to access your financial papers and medical information (i.e., your Documents and Information). Those people and documents might include a Power of Attorney, Executor under your Will, Trust Agreement, or Patient Advocate. Without a LawSafe those people will need to physically access your residence and sort through your personal papers and files to help get things done. With a LawSafe those individuals can just go online, but you control who can accesses it, what they can see and when your Document and Information are made available.
You have the option of including people in your Circle of Trust without granting them access to any of your Documents and Information. In that case the only way anyone will have access to your Documents and Information is to contact your Professional of Record in case of an Emergency.
You must decide for yourself what is more important, giving convenient and easy access to your Circle of Trust to help you anytime you may need it, or maintaining your strictest privacy until the very moment of an emergency or your death. LawSafe permits you to customize the access of each and every Circle of Trust Member so you may both maintain your privacy but also provide a path for access to your Documents and Information when needed.
9. Sharing with Acquirers. If LawSafe is involved in a sale, merger, reorganization, liquidation or other disposition of all or substantially all of its assets to another entity (the “Acquirer”), you will be notified via email and/or a prominent notice on our website. The Acquirer will have all the same access and authority over your LawSafe as LawSafe Systems, LLC.
12. Account Termination. If you want to delete your account you may Sign In, go to your Profile, and select Terminate. When you Terminate your account, your Documents and Information will no longer be available to you, your Circle of Trust, nor your Professional of Record.
Any questions or concerns? If you have any questions or concerns regarding your privacy while using our Services, please send us an email at email@example.com or write us at the physical address below. We will make all commercially reasonable efforts to resolve your concerns.
Effective Date: July 7, 2019
Last Updated: April 12, 2021
You may contact us at the following address:
LawSafe Systems, LLC
2250 Butterfield Drive, Suite 240
Troy, Michigan 48084