Florida Estate Planning Lawyer Blog

In Callahan, Guardianship Lawyers often have clients who have parents who have been diagnosed with dementia and Alzheimer's. It can be a struggle to do what you feel is best for your parent and when they are often argumentative and irritable. Growing old is not easy for anyone, especially the kids. Often times an adult child will need to step in and take over the financial and health care needs of their parents.

In some cases, the aging parent will voluntarily sign a Florida Power of Attorney (NOTE: the law changed 10/1/2011 and documents drafted prior to that date may not be valid if signed after 10/1/2011) or Designation of Health Care Surrogate. Another option is a Voluntary Guardianship for a parent who voluntarily elects a guardian to handle financial matters. Elder individuals suffering from dementia and other infirmities are often influenced by those not acting in their best interest. Therefore, speaking with a Jacksonville Guardianship Attorney may be helpful in learning your options.

A Guardianship proceeding in Callahan is a dual process and takes place in the Nassau County Court. It involves petitioning the Nassau court to appoint a certain individual to be appointed as guardian. At the same time a petition is filed to determine that an individual is incapacitated and cannot make decisions in their own best interest.

There are certain criteria that must be met to be appointed guardian of the person and property of another. If there are conflicting opinions about the best interest of an elderly parent or relative, please discuss your situation with a Jacksonville Guardianship Lawyer who handles Callahan Guardianship cases.

Likewise it is important to learn about the manner in which a court goes about determining that an individual is mentally incompetent to manage their own health and business affairs.

Although there are alternatives to Guardianship in Florida, many such methods may be temporary at best. To ensure your elderly parent will be protected from the wrong decisions, contact a Jacksonville Estate Planning Lawyer who also deals with Florida Guardianship and Jacksonville Medicaid Planning to learn what choices you have.

As of September 20th 2011,the old "don't ask, don't tell" rule that has been in force for about 18 years is gone. The end of this policy marks a victory for Mayport gay and lesbian military personnel.

Now Mayport gay sailors and soldiers who don't have to fear the loss of their military career because of their sexual orientation can feel free to obtain the legal advice and LGBT legal documents which will not only protect them but their relationships as well.

There are several Estate Planning Documents that will enable Jacksonville military men and women to provide for their loved ones. Same-sex couples do not have the inherent rights that heterosexual couples enjoy. Preparing a Will, Trust and Advance Directives will ensure that your decisions are honored when you are no longer able to communicate your wishes.

Same-sex couples are often encouraged to consult with a Mayport Attorney to learn about other ways to legally ensure that you, your partner, and your children are provided for not only now but in the future as well.

Mayport gay and lesbian naval and military members can feel comfortable consulting with a Mayport Law Firm that accepts them for who they are, not who they love or how they love.

We all need someone to look after us and care for us when we become part of the eldery population. We also need to take care of our spouses, our children, and our loved ones, when we have passed away. Looking to, and preparing for our future is in a nutshell, what Estate Planning in Jacksonville is all about.

Florida Estate Planning can be as simple as having your Florida Will, Florida Living Will, Florida Designation of Health Care Surrogate, and Florida Durable Power of Attorney prepared. You can also have different types of trusts prepared if you would rather have your assets managed by a trusted individual, after your death. In Florida, Trusts are also a great way to minimize your taxes as well as to manage your assets.

Preparing for future medical and financial decisions to be made on our behalf in the event of our incapacity, or illness, is the reason we prepare a Living Will, Do Not Resucitate Order, Health Care Surrogate Designation, and Power of Attorney.

Preparing for future disposition of our assets and property is the reason we "Estate Plan". Whether you live in a large home or a small home, have extensive assets or are just scraping by, whatever we own as individuals, (real property, personal property and intangible property) is important. What we pass on to our loved ones has value to us and to them.

No matter what you have as assets and property, make sure it is protected when you pass away. Prepare now and your family won't have the burden of going through the difficult process of grieving, while at the same time having to make decisions on your behalf, when you have not put your wishes and desires down in writing.

In a nutshell, Estate Planning in Floridais easy, just call a Florida Estate Planning Attorney to schedule an appointment today.

Florida elders know the importance of having a Living Will prepared. A Florida Living Will is a legal document, which expresses a person's wishes as to life-prolonging procedures. A Living Will typically only comes in to play when certain legally defined conditions exist. These conditions are:

• a Terminable Condition;


• an End-State Condition; and


• a Persistent Vegetative State

An Eighty year old granddmother made her wishes plain as day, when she had the words "Do Not Resuscitate" tattooed across her chest. She is not kidding around. Just in case emergency personnel find her face down, a large tattoo "PTO" with an arrow is inked on her back. It's not that this Octogenarian has a death wish, it's just that her feelings are Strong that she not be kept alive through artificial means. If she is in a vegetative state, she does not want her family to remember her as a "lump".

When asked whether her tattoos were legally sufficient, a General Medical Council spokesman stated that most doctors would ignore her DNR tattoo. He said her DNR wishes need to be put in writing and witnessed, or for a health surrogate to be designated.

Moral of story. . . before you get inked, consult with a Jacksonville Advance Health Directives Attorney about having the legal documents prepared to express your end of life health care wishes. A Florida Living Will, executed pursuant to Florida Statutes, establishes a rebuttable presumption of clear and convincing evidence of a person's wishes.

Many Middleburg families have thought about their future and what they want to happen upon their incapacity or death. However, many Middleburg families have not made that important call to consult with a Jacksonville Estate Planning Attorney about memorializing their thoughts in valid legal documents.

When you plan in advance you make your own decisions, you pay less, and you rest comfortably knowing that if you become incapacitated, and when you pass away, you have important legal documents in place. Legal documents that direct what you want to happen, to your children, your assets and you.

If you are a parent, whether you are married, divorced, or single, you must consider who will take care of, and provide for your minor children in the event of your incapacity or death. It is important to designate in a Forida Will or Pre-need Guardianship document your choice of who would be your child's guardian. Better that you make this choice than a judge.

You may not have minor children or any children, however, you still want to control what individuals inherit your assets. If you do not prepare your Will, the State of Florida will distribute Your assets according to state law, which may be in conflict of what you may have wanted.

Middleburg residents should also discuss with an Attorney about appropriate legal documents needed to designate the person you want to make those important personal, health care, and financial decisions, in the event that you are incapacitated, or are suffering from a serious illness or injury.

A Middleburg Estate Planning Attorney is able to advise you as to what documents are best suited for your needs.

Florida residents be advised, not only is it important to consult with a Neptune Beach Estate Planning Attorney about having your Will, Trust, Power of Attorney and other legal documents prepared, but you must make your beneficiaries and heirs aware that they exist.

Keeping your important legal, real estate, motor vehicle, insurance and financial papers in an organized fashion and storing them where they can be found is crucial. Keeping your original Will secure and accessible is the first step. A Will allows you to decide which of your family members or friends will inherit your assets. If you have minor children, you designate a guardian for your kids, in case of your demise.

Wills are subject to the Probate process, which is a court supervised proceeding in which a personal representative is appointed, an inventory of your property is prepared, your debts and taxes are paid, and finally your assets are distributed to those beneficiaries named in your Will.

As a Neptune Beach Probate Attorney, I have seen first hand what happens after you die, if your relatives cannot find your original Will. It becomes a more complicated, more timely, and more expensive undertaking than had your heirs known where to look for the original will, which you have "hidden" in the back closet, under a pile of clothes, in a box, with hundreds and hundreds of receipts and sheets of papers . . .

A Revocable Living Trust is another Estate Planning tool that not only benefits you and your beneficiaries, but also avoids the probate process. As you can amend your Living Trust at any time during your lifetime, it becomes imperative that you not only keep the original trust agreement but the amendments to the original trust where your trustee and beneficiaries can find it. Failure to find your trust documents may set your estate up for litigation.

A Durable Power of Attorney is a most powerful document as it allows someone you have named, to act on your behalf in financial, banking and business matters if you ever become incapacitated due to illness or injury. If the person you have designated is unable to locate this document, he or she will be unable to conduct banking transactions or deal with business associates on your behalf.

Another important Estate Planning Document is a Designation of Health Care Surrogate. This health care document allows you to name the person you want to make health care decisions on your behalf in the event you are incapacitated and unable to make health care treatment decisions for yourself. Again, remember, it is not only important to have these legal Estate Planning Documents prepared, but to share the existence and location of these documents to your beneficiaries, loved ones, and trusted friends.

According to the United States Census Bureau, the state of Florida has the highest Population Change and Net Migration of any other state, from the years 1975-2000. As is common knowledge, the baby-boomer generation is growing into retirement age, which increases the likelihood of periods of disability. There are two main options you should consider for who will manage your assets and health care decisions during a period of disability: 1) Set up a Revocable Living Trust; and/or 2) Designate a Durable Power of Attorney for Health Care.

Setting up a Florida Revocable Living Trust and a Florida Durable Power of Attorney for Health Care usually provides a person with the comfort in knowing that their health and assets will be managed for their own benefit. Using both types of documents in tandem ensures that your assets and health should not be managed to benefit the private/secret desires of another person.

If you are a baby-boomer who is not quite at the age of retirement and who may look into moving into a warmer climate such as Florida, There are options you may want to discuss with a Jacksonville Estate Planning Lawyer now, so that you can further secure your dreams of moving down south.

St. Augustine has a prominent and growing gay population, and like numerous other gay Floridians, they are doing their part in executing legal papers to protect themselves, their same-sex partners, and children.

The LGBT community in Florida are not afforded any inherent rights when it comes to same-sex couples. Despite the number of years you have been with your St. Augustine gay or lesbian partner, if you die without a Florida Will they get nothing. If your home is not titled properly, it may not pass to the surviving spouse. If one partner has children not the biological children of another partner, that person may not be appointed guardian upon the death of the biological parent.

UNLESS . . .

Legal documents, Florida Estate Planning Documents, Power of Attorney documents and numerous other documentation has been prepared.

There is a Florida St. Augustine Estate Planning and Family Law Attorney focusing on gay and lesbian legal issues now servicing the St. Augustine and St. Johns County area. Call to schedule a consult and fight for your right to be recognized as a partner in a same-sex relationship.

All Jacksonville residents should remember Terri Schiavo, the St. Petersburg, Florida woman who made national news in 2005. Terri Schiavo had been in a coma for years and was diagnosed by doctors as being in a persistent vegetative state. The hotly debated issue between the husband and parents was whether Terri would want to be hooked up to life prolonging procedures.

The case centered on the fact that Terri did not have any Florida Advance Directives in place, in particular, no Living Will. Therefore, the debate centered on what her wishes would be. Seven years and numerous court cases later, (the Florida Legislature, the U.S. Congress and Supreme Court also became involved), a Florida Judge ordered the removal of Terri Schiavo's feeding tube.

A Florida Living Will is a legal document which allows you to express Your Wishes as to the type of medical treatment and intervention that you do or do not want in the event that you suffer from a:

Terminal Condition;
Persistent Vegetative State; or an
End-State Condition

Floridians, don't let your family become embroiled in a quarrel as to what a loved one would want in the event that he/she does not have Advanced Directives in place.

Talk to an Estate Planning Attorney in Jacksonville who will discuss with you the importance of having a Living Will as well as a Designation of Health Care Surrogate prepared.

Florida's Long-Term Care Ombudsman Program is a volunteer-based organization which advocates for the health, safety, rights and welfare of elders who live in nursing homes, assisted living facilities and adult family-care homes.

When an elder is admitted to a long-term care facility, federal law mandates that he or she is given a special set of residents' rights covering issues ranging from dignity and respect to measurable quality of life and care. Volunteer ombudsmen are trained and certified by the Department of Elder Affairs. Their taks is to inspect local facilities and respond to resident's complaints to ensure that their rights are being maintained and respected.

As family members we want to ensure that our elder parents and relatives are treated with respect and dignity. There are methods such as guardianships, advanced directives, and durable power of attorney which will allow an elderly person to choose someone they trust to look after their best interests, physical and financial safety. It is also good to know that there are approximately 400 volunteers statewide that take an active role in monitoring the needs and special conserns of the elderly population who are in residential facilities.

If you are gay or lesbian in Ponte Vedra or the Jacksonville area, having properly prepared Florida Advance Directives is essential. Whether you are young, healthy, and believe you will live forever, the fact remains, that if you wait until illness, injury, or disability to strike, you will not have a voice in your own future health care.

Florida Advance Directives are written documents created by statutory authority that express your wishes and desires concerning many aspects of your future health care. A Florida Living Will expresses your wishes for the type of life-prolonging procedures as well as pain alleviating medications you want in the event you suffer certain serious medical conditions. A Designation of Health Care Surrogate and HIPAA Release will allow you to choose the person you want to make your health care decisions in the event of your future disability, as well as to give that person authority to obtain and review your medical records.

Don't wait until you are unable to make your own decisions. Contact a Jacksonville, Florida Gay and Lesbian Rights Attorney to discuss how these legal documents are vital to your maintaining control of your future healthcare.

One important aspect of the estate planning process is determining what will happen if one day you become incapacitated. The decisions that you make on a day to day basis will no longer be possible, therefore you will be required to rely on someone else to make these decisions for you. Two positions, the Florida Health Care Surrogate and Florida Durable Power of Attorney, can serve as decision makers when your time of need arises.

The designation of a Florida Healthcare Surrogate is vital to the estate planning process because this person will make the medical decisions for you in a situations where you are unable to do so. This does not mean that the person will always make medical decisions for you. Only when an individual becomes incapacitated to the point that the primary physician decides he/she can no longer make medical decisions for themselves. Situations such as this often arise when someone is unconscious.

A Florida Durable Power of Attorney determines your financial matters in the event you become incapacitated. It is important to choose a trusting person to whom you can assign this power because of the many responsibilities he or she will have. You can control the degree of power the person chosen has over financial matters but under most circumstances they will have complete control over your banking transactions, real estate transactions, and securities exchanges. In some cases this person can even run your business for you by making contracts and running the day to day operations.

These decisions involve imperative decisions to your estate and future should anything happen to you. Discuss these estate planning issues with your Jacksonville Estate Planning Lawyer who can provide guidance and expertise in this sensitive area of law.

Florida Estate Planning Documents can be lost during a hurricane or tropical storm. Just when a Florida Will, Power of Attorney, or Florida Living Will, Designation of Health care Surrogate & HIPAA release.

You should protect your original signed documents by keeping them in with in waterproof container and if possible off the floor or at a bank in a safety deposit box A scanned copy of these documents should be keep with your and made available at an off site storage facility like Google or any free document storage provider.

If you home is damaged and is inside a Florida Revocable Trust you may have to provide an original copy of the trust to the insurance company.

As the storm season approaches, it may be a good idea to update your Florida Estate Planning Documents with any changes in your family or financial circumstances so that your documents are up to date with your intentions and your capabilities.

Jacksonville Probate Lawyer, David Goldman has put together a Florida Probate Handbook that is being offered free to readers and visitors of his websites. If you would like a copy, visit the Free Florida Probate Handbook web page, fill out the form, and one will be sent to you within 24 hours by email.

Yes, the Privacy Rule generally allows a parent to have access to the medical records about his or her child, as his or her minor child’s personal representative when such access is not inconsistent with State or other law.

There are three situations when the parent would not be the minor’s personal representative under the Privacy Rule. These exceptions are:

1. When the minor is the one who consents to care and the consent of the parent is not required under State or other applicable law;
2. When the minor obtains care at the direction of a court or a person appointed by the court; and
3. When, and to the extent that, the parent agrees that the minor and the health care provider may have a confidential relationship.

However, even in these exceptional situations, the parent may have access to the medical records of the minor related to this treatment when State or other applicable law requires or permits such parental access. Parental access would be denied when State or other law prohibits such access. If State or other applicable law is silent on a parent’s right of access in these cases, the licensed health care provider may exercise his or her professional judgment to the extent allowed by law to grant or deny parental access to the minor’s medical information.

Finally, as is the case with respect to all personal representatives under the Privacy Rule, a provider may choose not to treat a parent as a personal representative when the provider reasonably believes, in his or her professional judgment, that the child has been or may be subjected to domestic violence, abuse or neglect, or that treating the parent as the child’s personal representative could endanger the child.

Roy Doppelt, a California estate planning lawyer, wrote an article on HIPAA and Advanced Health Car Directives. Much of his information applies to Florida Advanced Health Care directives. Roy states that an Advance Health Care Directive appoints a family member or friend to make health care decisions for you if you become physically or mentally unable to make them for yourself.

The person appointed is your Agent and many people appoint backup agents to help make decisions. We typically draft these documents in conjunction with a living will and a HIPAA release so that your Agent cannot show one document without the other in an attempt to avoid your desires.