February 2012 Archives

February 29, 2012

What are Florida Advance Directives?

Advance directives.jpgYou asked and a Jacksonville Estate Planning Lawyer will advise you that according to Florida Law, an "Advance directive" means a witnessed written document or oral statement in which instructions are given by a principal or in which the principal's desires are expressed concerning any aspect of the principal's health care, and includes, but is not limited to, the designation of a health care surrogate, a living will, or an anatomical gift.

A Health Care Surrogate is chosen by the principal to act for the principal and to make all health care decisions for him or her during the principal's incapacity. The health care surrogate has the authority to consult with appropriate health care providers, to provide informed consent, to provide written consent, to be provided access to the appropriate medical records of the principal, and to apply for public benefits, such as Medicare and Medicaid on behalf of the principal.

The written designation of health care shall be signed by the principal in the presence of two adult witnesses. The person designated as surrogate shall not act as witness to the execution of the document designating the health care surrogate. At least one person who acts as a witness shall be neither the principal's spouse nor a blood relative. It is strongly suggested that the execution of the designation of health care surrogate be done in front of a notary.

A Living Will made be executed by any competent adult. It is a declaration concerning the providing, withholding, or withdrawal of life-prolonging procedures in the event that a person has a terminal condition, has an end-stage condition, or is in a persistent vegetative state. A living will must be signed by the principal in the presence of two witnesses, one of whom is neither a spouse nor a blood relative of the principal. It is strongly suggested that the execution of the living will be done in front of a notary.

In determining whether a patient has a terminal condition, an end-stage condition, or is in a persistent vegetative state, or may recover capacity, the patient's attending or treating physician and at least one other consulting physician must separately examine the patient. The findings of each such examination are then documented in the patient's medical record and signed by each examining physician before life-prolonging procedures may be withheld or withdrawn.

An "Anatomical gift" or "gift" means a donation of all or part of a human body, to take effect after the donor's death and to be used for transplantation, therapy, research, or education. Chapter 765 of the Florida Statutes has a comprehensive listing of provisions that detail everything one needs to consider when contemplating an anatomical gift.

Now that you know what "Advance Directives" are, contact a Jacksonville Estate Planning Lawyer to have your advance directives prepared today.

February 27, 2012

Elder Law Lawyers look to Alzheimers Research

happy_elderly_couple_americare.jpgAs Jacksonville Elder Law Lawyers, we are always looking for the most effective and least restrictive ways in which to serve the needs of our Jacksonville elderly. We keep current of the Florida statutes and the numerous Florida cases which interpret matters involving Florida's senior citizens.

Elder law encompasses many aspects, including estate planning, guardianship, medicaid issues, and of course, health care issues. As Florida Elder Law Attorneys, we also look to various research and articles throughout the nation which focuses on issues related to aging.

Recently an interesting article caught our attention dealing with coconut oil and it's effect on those suffering with dementia and Alzheimers. We want to share information we learn of that may have a positive impact on your lives. This article addresses alternative medical treatment.

Coconut oil, once thought to be harmful due to elevating cholesterol levels, actually has numerous positive influences on human health. While pure non hydrogenated coconut oil does in fact raise cholesterol levels it is the good (HDL) cholesterol that is influenced. Although there is little evidence at this point to support it, some leading researchers believe that Alzheimer's, dementia, ADHD and other central nervous system impairments can be helped with the use of pure coconut oil.

Glucose is the primary nutritional source for brain cells. Some conditions impair the body's ability to utilize glucose and as a consequence brain cells do not function optimally and will ultimately die.

Recent research along with antidotal testimonials suggest that the median chain triglycerides can provide a source of ketone to brain cells that acts as an alternative to glucose. Some patients with Alzheimer's and dementia have seen improvement in cognitive, emotional and physical function with the use of pure coconut oil.

If you would like information or direction with an elderly person in your life, consult with a Jacksonville Elder Law Lawyer.

February 2, 2012

7 Documents you Want Prepared Before you Die

untitled.bmpYou have heard it all before again and again. The reason for the repetition is . . . there really are 7 estate planning documents that should be prepared before one dies.

A Jacksonville Estate Planning lawyer will provide you with story after story that have no happy endings. These stories begin with people who talked about contacting a lawyer to have legal documents prepared, but never did.

The documents you need to consider today are:

  1. Last Will and Testament: This document allows you to name a guardian for your minor children in the event of your death, distributes your property to the people you want to inherit, allows you to donate to charity, among other provisions.
  2. Living Will: If you remember the Terri Schiavo Florida case, you will recall 7 years of court battles regarding life-prolonging procedures keeping Terri alive, after being diagnosed as in a persistent vegetative state. If a Living Will (which allows you to declare what, if any life-prolonging technology you desire) was in place, this costly, exhaustive and emotional fight would never have happened.
  3. Do-Not-Resuscitate Order (DNR): This document is state specific and it must be prepared in strict compliance with Florida Law. If prepared properly, it alerts medical professionals not to perform cardiopulmonary resuscitation on a patient when he/she stops breathing or the heart stops beating in specific medical conditions (end state renal disease, terminal cancer).
  4. Designation of Health Care Surrogate: This document allows you to name the person(s) you want to make health care decisions for you in the event that you are incapacitate or too ill to make these decisions yourself. If this document is not in place, the default health care substitute chosen may very well be someone you do not want to serve.
  5. Authorization to Release Health-Care Information: We have all heard of HIPAA (Health Insurance Portability and Accountability Act of 1996). This federal privacy rule provides protection for personal health care information. This law is so strict that if you have not executed a HIPAA Release even your health care surrogate or proxy will be unable to obtain and review your records.
  6. Trust Documents: There are numerous trusts for different types of situations. In general terms, a trust is utilized whereby property is held by one party for the benefit of another. For a listing of the various trusts available and their purpose, visit Jacksonville Trusts Attorney.
  7. Letter of Instruction: This document can be as simple or detailed as you desire. It can contain directions as to your burial and cremation wishes, organ donation wishes, and who you would like to care for your pets.

Don't let another day pass, contact a Jacksonville Estate Planning Lawyer.