Florida Estate Planning Lawyer Blog

A Jacksonville Guardianship lawyer can help individuals who are not able to deal with their own affairs in a physical or financial manner. By having a person appointed through a Florida Guardianship Proceeding, an individual (the ward), appoints a person( the guardian) to help the ward in those areas where they do not want to or can not represent their own best interests.

A Florida Guardianship attorney can either help to represent the individual or represent others to make sure that the proper guardian is chosen and that they fulfill their fiduciary obligations. Often we find that guardians do what they want and not necessarily what is in the best interest of the ward. This can cause damages and can open the guardian to liability for the actions that they took.

If you or someone you know if in need of a Florida Guardianship or might have been taken advantage by their Florida Guardian, you should contact a Jacksonville Guardianship Attorney to discuss your situation and what options are available to you through Florida's Guardianship proceedings.

Many Jacksonville Foreclosure Lawyers see the poor attempt by banks to do loan modifications.

Loan Modifications are in the news in Jacksonville Florida where it appears that many have been told to stop making payments to be eligible for a Mortgage Modification. Once individuals stop making payments, the banks have been known to stall and claim that they have lost the records. Often individuals who participate in loan modifications must resubmit documents every thirty days. Many do not qualify for the government supported loan modifications and are only offered minor drops in the payments.

If you are participating or trying to achieve a Florida Loan Modification, you should be gathering information on violations of the laws by the people you are speaking to. Please contact a Florida Foreclosure Lawyer to request information on how to log these violations. These violations of the laws can be compensated and can help to offset your mortgage amount.

If you own a car, then you know it requires regular servicing in order to perform well and be reliable. More than likely, your car came with a recommended schedule for service, based on how many miles it has been driven. After a certain number of miles, you need to change the oil, replace the brake pads, rotate the tires, and so on.

If you have a newer car, you probably have an irritating dash light that comes on when it's time for service and stays on until the mechanic resets it. Either way, whether you pay attention to the odometer or rely on that dash light, it's pretty easy to know when it's time to service your car. And if you keep driving it without servicing it, it's a sure bet your car will let you down.

Like your car, your estate plan needs "servicing" if it is going to perform the way you want when you need it. Your estate plan is a snapshot of you, your family, your assets and the tax laws in effect at the time it was created. All of these change over time, and so should your plan. It is unreasonable to expect the simple will written when you were a newlywed to be effective now that you have a growing family, or now that you are divorced from your spouse, or now that you are retired and have an ever-increasing swarm of grandchildren! Over the course of your lifetime, your estate plan will need check-ups, maintenance, tweaking, maybe even replacing.

So, how do you know when it's time to give your estate plan a check-up? Well, instead of having mileage checkpoints, your estate plan has event checkpoints. Generally, any change in your personal, family, financial or health situation, or a change in the tax laws, could prompt a change in your estate plan. Use the list at the end of this newsletter to guide you.

It's a good idea to review your estate plan every year. Set aside a specific time every year (your birthday, anniversary, family gathering) to review it. Keep these events in mind each time you read through your documents. If you think a change may be in order, don't write on your actual document; contact your attorney. Most changes can be handled by a simple amendment that is attached to your current will or trust.

Planning Tip: Like your car, your estate plan needs regular "servicing." Set aside a specific time every year (your birthday, anniversary, family gathering) to review it. Become familiar with it. Keep it current so it will perform the way you want when you need it.

What Do You Do with Your Estate Plan?
Think for a few moments about what would happen if you became incapacitated or died today. Would your spouse, family and successor trustees know what to do?

Continue reading "When Is It Time to "Service" Your Estate Plan?" »

David A. Atraus, a Nevada Estate Planning Lawyer, has published a book titled Faith-Based Estate Planning: Our Values and Valuables. The book was written after contacting hundreds of religious clergy throughout the nation, and took him several years to write.

Upon a first glance, I was very impressed. The book covers Estate Planning issues like living trusts, wills, medical directives, long-term care insurance and life insurance on many religions including Baha'i, Buddhism, Christianity (10 denominations and branches), and 12 more religions from Roman Catholic to Judaism to Zoroastrianism.

It looks very comprehensive and I expect to write more on the book in the future.

SB 1718 & HB 5117 dealing with funding the court would create new filing fees in probate and Guardianship cases that would range from $1,000 to $5,000, depending on the value of the estate of the person being protected.

The increase in filing fees is linked to probate cases but includes all guardianship proceedings. In addition to the current fee of $280, the additional fees will be tied to the person’s estate. Depending on the value of the estate and whether the House or Senate version of the legislation prevails, the additional cost could range from $1,000, to as high as $5,000 if the person being cared for has a large estate.

If you have been waiting to start a Florida Probate or Guardianship proceeding, now may be the time start before the fees increase.

Update:
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.

Having a Florida Guardian appointed involves two separate court determinations. The first court proceeding is the Incapacity proceeding where the Florida court determines whether the person is incapacitated as defined by Florida law. The second Guardianship proceeding is where the Florida court actually determines who will serve a guardian. All Guardians are required to be represented by a Florida Lawyer (See Florida Probate Rule 5.030(a) ), submit to a criminal background check, and take an 8 hour course in Guardianship duties within 9 months of being appointed.

Step 1: (Determine Capacity). See Florida Statute

Florida's Guardianship Statutes have been written to protect our freedom and independence. Therefore, the courts presume a person has capacity and is able to make decisions on their own until adjudicated by the courts to not have capacity. (See Florida Probate Rules 5.550 and Florida Probate Rule 5.030(a)" target=new>Florida Statute 744.3201 for what must be contained in the Petition to Determine Capacity).

Petition filed: A Petition to Determine the Persons Capacity is filed with the County where the person resides. The petition can be filed by a family member, concerned third party, or the Counties Adult protective Services. The petitioner has the burden to prove that the person being alleged incapacitated is incapacitated in the court's eyes. Witnesses may very well be required to prove the incapacity.

Court Appoints Attorney: Within five days of filing the petition, the County court will appoint an attorney ad litem to represent the alleged incapacitated person (or the person can choose their own attorney to represent them) in the Incapacity proceeding and the Guardianship proceedings. Also within 5 days of filing the Petition to Determine Capacity, the courts will appoint a three (3) person panel to review the persons level of capacity and need for appointing a Guardian. This examining committee is typically includes a psychiatrist, a psychologist, and a social worker. The committee members will individually meet with the person whose capacity is being determined, talk with family members, neighbors, and health care providers.

A Mental exam, physical exam, and functional assessment are included in this determination process.
The examining committee members will submit to the courts a recommendation. Under Florida Statute 744.3215, the reports of examining committee are due to the courts within 15 days of being appointed.

The Incapacity Hearing: is considered adversarial (meaning contested) and must be set within fourteen (14) days from filing the examining committee reports. (Florida Statute 744.331(5)(a)). Depending on the county in which the proceeding is filed, the incapacity hearing will be before the Judge or a General Master. The person is entitled to be at the hearing, the examining committee reports are reviewed by the Judge or General Master. Evidence and testimony is allowed to be presented at the proceeding. The Judge then decides on whether to adjudicate the person incapacitated or not. If a General Master presides over the hearing, his/her recommendation of capacity is sent to the Judge who then enters an order after review, as he/she deems appropriate given the General master’s recommendation and findings.

All Incapacity Hearing proceedings are closed to the public and considered confidential in order to preserve the dignity and privacy of the alleged incapacitated person.

STEP 2: THE GUARDIANSHIP PROCEEDING

This portion of the proceedings only happens if the person has been adjudicated incapable of handling his/her own affairs.

Type/Extent of Guardianship: The next step is for the court to determine whether to limit the Guardianship to defined responsibilities or make the Guardianship a full/Plenary Guardianship (Authority of Guardian over all decisions for the person).

Who can serve as Guardian: Florida resident eighteen (18) or older, a Non-Florida resident over age 18 can be appointed provided proposed Guardian is over eighteen (18) so long as he/she is a lineal descendant of the proposed incapacitated. No person who has been convicted of a felony, abuse, or is incapacitated may serve as a Guardian. See Florida Statute 744.309

Guardians Ability Reviewed: The courts also review the Guardians ability to serve in a fiduciary capacity. This means the Guardian should appear to be able to be trusted in a position of responsibility over another persons health care and financial management and decisions.

Competing Guardians Petition to be appointed: In some cases, two or more parties may want to be appointed as the Guardian. This is typical in family situations and also when the State files a petition. The immediate family can also file what is termed a “Competing Petition for Guardianship”. The proceedings are then considered adversarial. The courts then will listen to evidence from both parties and based upon the testimony and evidence presented will enter an order appointing the Guardian it believes best suited to serve in such a trusted/Fiduciary capacity.

If there are competing Guardianship petitions filed, it is recommended an attorney well versed in Incapacity, Guardianship law, Florida Estate Planning law, and Florida Elder Law be retained to assist in the proceedings.

Guardian Appointed: If the courts feel the Guardian is trustworthy and qualifies to serve as a Guardian, the court will issue Letters of Administration and an Order Appointing the Guardian outlining what powers the Guardian will have over the incapacitated person’s affairs.

Bond Required: The Court will then determine what amount of Bond will be required of the Guardian of the Property. A Bond is best described as a hybrid insurance policy protecting the incapacitated persons financial matters from misappropriation or misuse by the Guardian.

Costs of Guardianship: The cost of establishing a Guardianship can be between of $3,500 and $6,000 depending on the level that the guardianship is contested and if there are conflicting opinions on who should manage the ward's affairs. In addition, the court costs and examining committee fees are approximately $1,000.00.

When is a Guardian Appointed: a Guardian is ordered appointed by the courts where a person either does not have advanced directives in place or when those in place will not serve the interests of the incapacitated person. Generally these documents include a valid Durable Power of Attorney, Healthcare Surrogate Designation, HIPAA release, and Living Will. Often there is also a preneed guardian document which helps determine who will be appointed or not appointed as a guardian in the event one is needed.

Courts Discretion to Appoint Guardian Limited: Courts must order the least restrictive means to ensure a persons affairs are managed properly. Cost to draft the Durable Power of Attorney, Healthcare Surrogate Designation and Living Will is approximately $400-600 total. However in order to execute the documents a person must have mental capacity to do so, understand what he/she is signing and be able to make an informed decision at the time of signing as to who he/she wants to appoint.

This court appointed Guardian’s actions and responsibilities are monitored by the court. The Florida Guardian's responsibilities are outlined in the Florida Statutes and the Florida Guardian must must file accountings and reports with the court periodically. The Guardian has a legal duty and responsibility to protect the a person he/she is appointed to help.

If you are involved in a Florida Guardianship or would like to find how a Florida Guardianship can protect your family please Contact a Florida Guardianship Lawyer

Guardianship is a relationship created by state law in which a court gives one person or entity (the guardian) the duty and power to make personal and/or property decisions for another (the ward).

An article written by Brenda K. Uekert and Thomas Dibble. The article, "Guardianship of the Elderly" will appear in the next issue of Court Manager magazine where the author discusses the:

purpose of guardianships;
Abusive guardianships that often exploit the elderly;
Major issues with guardianships;
Capacity;
Financial Costs;
Training and Education;
Court Monitoring;
Recent Developments;
Technological innovations;
New Resources; and
and Recommendations.

For more information on Florida Guardianships Contact a Florida Guardianship Lawyer.

The new Florida Estate Planning Lawyer Web site for the Apple Law Firm PLLC has gone live. This site will act as a hub for the Florida Estate Planning Lawyer Blog and the NFA Gun Trust Lawyer Blog.

Its been a long month setting up the new website and more pages will be added as time permits. For now the Jacksonville, Florida based Apple Law Firm deals with:

Florida Asset Protection
Business Formation
Florida Estate Planning
Firearms Trust
Florida Guardianship
Florida Probate Litigation
Florida Trust Litigation and
Florida Trusts

For families living in Florida, choosing a guardian for their minor children is a primary reason why a Florida Will is such an important document to create and keep updated.

Often choosing who will care for your children is a difficult decision. Many families find it the hardest decision that they make in terms of estate planning. This is one area where it is common for the husband and wife to have completely different views of who should raise their children in the event that both the husband and wife die prior to the children reaching the age of 18.

First it is important to know that the planning is more important than agreeing with your spouse. Although it can create some tension between spouses, it is important to know that should one of you predecease the other, and then the surviving spouse gets to make their own decision anyway. Also, as long as one of you lives until the children reach the age of 18, it will not matter who you choose.

It is more important to discuss the reasons with each other and if possible come to a decision as to what is important to each of you than to try to come to a decision that one of you does not agree with.

The Georgia Wills, Trust, and Estate Planning Blog has an article on choosing the right guardian for your children where the break down the process into three steps. This three-step approach should make the process easier to accomplish without damaging the marriage.

Step 1 Make a list of people - make it long and include everyone that would make a better home for your children than the foster care system.

Step 2 Decide What Matters the Most - choose factors that are important and rank them in an order of priority. Some examples are maturity and patience, parenting style, religious beliefs, values, ability to care for additional children, and do not forget their willingness to serve (don't forget to ask them)...

Step 3 Match People to the Priorities - rank and evaluate your choices. Listen to each other and try to come up with a coherent reason for the choices you will make as a couple, or individually. Remember you may not be exactly happy with your spouses’ choice, but if you live longer you get to change your mind anyway. Perhaps its better to come up with someone you can both agree upon in case you both die simultaneously.

To choose a guardian properly, you should make a valid Florida will. Please contact a Florida Will Attorney or Florida Estate Planning Lawyer to help you prepare valid documents that accomplish your goals.

Once an Agent (Attorney in fact) receives written notice which requires a signature, their powers under the Durable Power of Attorney are suspended until the court determines incapacity. The court may reinstate the Durable Power of Attorney for an emergency, when a petition if file upon the court showing the nature of the emergency, the property or matter involved, and the power to be exercised by the attorney in fact.

Notwithstanding the provisions above, a proceeding to determine incapacity must not affect any authority of the attorney in fact to make health care decisions for the principal, including, but not limited to, those defined in chapter 765, unless otherwise ordered by the court. If the principal has executed a health care advance directive designating a health care surrogate pursuant to chapter 765, the terms of the directive will control if the two documents are in conflict unless the durable power of attorney is later executed and expressly states otherwise.

If the person has not received written notice of the proceeding for which they were required to sign for, any third party may rely upon the authority granted in a durable power of attorney that is not conditioned on the principal's lack of capacity to manage property until the third party has received the required notice. A third party may, but need not, require the attorney in fact to execute an affidavit.

If the Durable Power of Attorney is deployment contingent, any third party may rely upon the authority granted in a durable power of attorney to manage property as defined in Florida Statute 744.102(11)(a) only after receiving the affidavits provided in paragraphs (c) and (d), and such reliance shall end when the third party has received notice.

Continue reading "Guardianship and Durable Power of Attorney in Florida" »

There are many places to get advice on the Internet. Be sure when you are looking for legal advice, you are working with a licensed lawyer. Below is the finding of the Ohio State Bar in regards to one such service.

We the People is a franchise that provides forms and help in legal matters including wills, trusts, divorces, bankruptcy and other areas of law.

The Ohio State Bar found that they were practicing law without a license because they were owned and operated by attorneys not licenced in Ohio and advised individuals with respect to the completion of forms for filing a personal bankruptcy, application of probate, advising individuals on how to complete the forms and what answers to put down, directing individuals to execute documents and charging them for services, instructing completion of forms in disregard for proper procedures and determination by the Bankruptcy Court that the filing was incomplete, preparation of unnecessary and incorrect form for administration of an estate, preparing improperly completed forms for a bankruptcy, issuing advertisements, and advertising the preparation of services for living trusts, wills, powers of attorney, and incorporation's.

They were enjoined form further engaging in the unauthorized practice of law and from damaging members of the public and fined $10,00 per occurrence as a civil penalty as well as court costs.

To read more download the case Ohio State Bar Association v. Martin et al., No. 2007-1939, 2008 Ohio 1809; 2008 Ohio Lexis 1024 (April 23, 2008)

It is important to note that in Florida Judges will want to see proof that a child is in the United States legally prior to issuing a guardianship over the minor person. With the recent changes in security and immigration, there is concern about creating a legitimate reason for the minor to stay in the country with the guardianship.

I am currently in Shanghai China for the next 5 days and then heading to Osaka and Tokyo for 3 nights each. I am planning to keep posting new issues to my blog while I am gone. In addition, I will be responding to emails and will be available over my VOIP number for calls or issues that need immediate attention. Feel free to continue to send in your questions. I wanted to apologize upfront for any additional delay in responses. Please be conscientious that it is 12 hours ahead of EST and this along with being on vacation means I will typically respond to any issues between 8AM - 12 PM EST or 8PM to -12AM my time.

Graham v. Florida Dept of Children and Families (Graham II), 970 So.2d 438 (Fla. 4th DCA December 5, 2007)

This is the continuing saga of the battle between Luke and Laurence over their mother Betty, who DCF had determined was in need of guardianship after determining "Luke is the son who most has Betty’s interests in mind." After Laurence failed to comply with the guardianship court order to disclose the out-of-state location to which he had moved his mother, the court held him in civil contempt. The Court also appointed Luke as temporary plenary guardian of Betty’s person and property, electing to disregard an advance directive Betty had executed over 8 months after the guardianship proceedings had been initiated.

On appeal, the finding of contempt was reversed for failure to properly serve the order to show cause. The appellate court also reversed the order appointing temporary guardian, holding the trial court had failed to properly determine and indicate the specific grounds upon which the advance directive was revoked by the court. The court further noted that the surrogate under an advance directive is not under any duty to prove the validity of the advance directive. Finally, the court noted two of the examining committee reports were filed over two months before the final hearing and, relying upon two physicians’ affidavits filed before and after the hearing to determine incapacity use the wrong burden of proof - the correct burden of proof in a hearing to determine incapacity of a alleged incapacitated person (AIG) is by clear and convincing evidence. Thus the Court ordered the proceedings be dismissed.

Weissenbom v. Graham (Graham 1), 963 So. 2d 275 (Fla. 4th DCA August 1, 2007)
-
During the course of a Florida Guardianship Dispute between the wards two sons, one of the sons moved the ward from Florida to a "secret location" in another state.

That son then arranged for an attorney to appear on behalf of the ward. Although the attorney never was authorized to represent the ward, he argued the guardianship must be terminated because the emergency temporary guardian was unaware of the location of the ward. The attorney also argued that the Florida court no longer had jurisdiction over the ward and that, therefore, the guardianship must be dismissed.

The appellate court, in reviewing an appeal from the trial court’s refusal to allow the attorney to represent the ward, rejected all of the arguments and found that, notwithstanding the unauthorized relocation of the ward to another state, the Florida court still had jurisdiction over the ward and any interested persons involved in the guardianship.

Ripoll v. Comprehensive Personal Care Services Inc., 963 So.2d 789 (Fla. 3rd DCA July 18, 2007)

The Florida guardianship court has the inherent authority to monitor a guardianship and to take action it deems necessary to preserve the assets for the benefit of the beneficiaries, including the authority to issue temporary injunctions freezing assets claimed to belong to a guardianship even though ultimate ownership of those assets may be in dispute.

Miller v. Goodall, 958 So. 2d 952 (Fla. 4th DCA April 25, 2007)

A daughter filed a petition to determine her mother’s incapacity and be appointed as guardian.

The ward’s sister (daughter's aunt) also filed a petition seeking to be appointed as plenary guardian.

The court denied the sister’s petition and instead appointed a third party attorney as plenary guardian.
The sister appealed the case on two grounds, arguing:

1) the court lacked personal jurisdiction over the ward, and
2) the court erred by not complying with the ward’s preneed guardianship declaration that named the sister as guardian.

The appellate court affirmed, ruling the lower court had personal jurisdiction over the ward because the ward’s attorney had consulted with her and obtained her consent to jurisdiction. The trial judge found the presumption of appointment of the designated preneed guardian had been overcome.

The appellate court noted the trial judge had also considered section 744.3124, Florida Statutes which states the court shall appoint a preneed guardian "unless the court determines that appointing such person is contrary to the best interests of the ward" and had specifically found it was contrary to the ward’s best interests to appoint her sister.

A person is qualified under Florida Law to serve as a guardian if he or she:

1. Is over the age of 18 years of age;
2. Is a Florida resident; or a non resident who is:

1. Related by lineal consanguinity to the ward;
2. A legally adopted child or adoptive parent of the ward;
3. A spouse, brother, sister, uncle, aunt, niece, or nephew of the ward, or someone elated by lineal consanguinity to any such person; or
4. The spouse of a person otherwise qualified above; and

4. Has never been convicted of a felony.

Filed with the Court, along with the Petition to Determine Incapacity, is a Petition for Appointment of Guardian, and an Application for Appointment as Guardian.

In, Florida, unless the Alleged Incapacitated Person is indigent, the Petition must also be accompanied by a check to the Clerk of Court for the filing fees of around $288.50, and a check in the amount of $20.00 to the County Sheriff for service of process. (fees may vary slightly per county)

Upon the filing of a Petition to Determine Incapacity, the Court will appoint three individuals to serve as members of an examining committee.

One member must be a psychiatrist or another type of physician.
The other two members must be either a psychologist, gerontologist, physician, a registered nurse, nurse practitioner, a licensed social worker, a person with an advanced degree in gerontology from an accredited institution of higher education, or other person who by knowledge, skill, experience, training, or education may, in the court's discretion, advice the court in the form of an expert opinion.

At least one of three members must have knowledge of the type of incapacity alleged in the petition. Generally without good cause, the family physician may not be appointed to the committee.

Next the examining committee members will each meet independently with the alleged incapacitated person to evaluate his or her abilities and file a written report with the Court.

The Court will also appoint an attorney to represent the alleged incapacitated person. The alleged incapacitated person may substitute their own attorney to represent them throughout the proceeding.

If a family member is appointed by the Court to serve as guardian, that family member will be required to attend an eight (8) hour educational course for guardians. They must also submit to criminal and credit background checks, proof of which must be filed with the Court. It is possible for non Florida residents to "attend" the educational course by listening to audio tapes.

The approximate cost to open a guardianship, which includes court costs, the examining committee fees, the court appointed attorney's fees, and your attorney's fees, range from approximately $5,000.00 to $7,500.00 or more if contested by other family members. After the guardianship is setup there will also be yearly fees associated with the requirements of the court. These fees and costs can range from $300.00 to over $2,500.00 per year.

For more information on Florida Guardianships Contact a Florida Estate Planning Lawyer who handles Florida Guardianships.

In Florida, the powers granted by a Florida Guardianship expire when the ward dies. Often people try to use their powers granted by a Florida Guardianship to control aspects of the after death process. The guardian is without any powers granted by the guardianship once the ward dies.

If you are having problems with a Florida Guardianship or Florida Guardian Contact a Florida Estate Planning Lawyer.

Recently we have notice that Hospice organizations are refusing to allow people to visit relatives or friends while under the care of Hospice.

In these cases, the people were turned away because someone with a Power of Attorney was able to state that the person was not wanted.

It is important to remember that a Power of Attorney or Durable Power of Attorney give an agent the right to act in certain circumstances. In Florida, a Power of Attorney does not give someone the right to make decisions regarding where they are located, who they can visit, or who they can talk to.

It is possible to make these decisions for an individual, but only when someone has been appointed as their Florida Guardianship. Even if someone is the Florida Guardian they may not have these rights.

If you have a loved one and you are being prevented from seeing them because of a Power of Attorney you should Contact a Florida Estate Planning Lawyer to discuss your situation.

Britney’s dad had was appointed as conservator of her person and co-conservator of her estate, which means her dad is now in control of what Britney can do, who she can see, and he’s controlling all access to her bank accounts and credit cards.

Over the weekend, Britney attempted to hire her own lawyer to fight her dad’s attempt to take over her personal and financial affairs.

But, the Court refused to recognize Andrew Streisand as Britney’s lawyer because the court-appointed lawyer assigned to evaluate Britney said that Brit doesn’t have capacity right now to hire her own lawyer.

You’d think that someone with her wealth would have a Will , a Revocable Trust , Health Care Directives, Powers of Attorney, Guardian Nominations … basically a comprehensive estate plan.

It’s too late now for Britney, but it’s not too late for you … today having a personal lawyer is both accessible and affordable and if you own your home, care about your family, and want a trusted advisor to call when you are in crisis, you should have your own. To create of review your Florida Estate Planning Contact a Florida Estate Planning Lawyer.

One of the Lawyers in my office, David Wolf, has followed my lead and started to create a legal blog dealing with Florida Child Injury issues. David's blog is the Florida Child Injury Lawyer Blog. David covers everything from Florida Automobile Accidents, Florida Child Safety, Florida Crimes Against Children, Florida Dog Bites, Florida Homeowner Claims, Florida Home injuries, Florida Playground injuries, Florida wrongful death ....

Often when there are injuries to children I am involved in setting up Florida Guardianships. In Florida when a child receives more than $15,000 in settlement of a claim, most courts will require the creation of a Florida Guardianship.

Florida residents who have minor children should consider executing a power of attorney which allows another to take care of their minor children medically if they are unable to do so or unavailable at the time.

A medical power of attorney for a minor child is just another piece in the estate planning jigsaw puzzle. Like many estate planning documents, it isn't for everyone. However, if you are like my family and your children spend a lot of time in the care of another loved one, a MPOAMC is an important piece.

Contact a Florida Estate Planning Lawyer to create a medical power of attorney for your minor children.

Over the last weekend I tried to keep up with various websites. While Visiting Universal in Orlando with my family I say a posting by Michale with The Ohio Trust & Estate Blog and thought you might enjoy it also.

Kimberly Palmer of U.S. News & World Report wrote an article on the Alpha Consumer Blog where she discussed these issues. Her reader wrote:

My husband, who is retired, has dementia. He responds to credit card offers in the mail and charges things to them, even though he shouldn't, because he is on limited Social Security disability income. He knows better, but his mind is weak. He always says he won't use the cards, but he still does. Even if I cut the cards in half, more come in the mail. We are now in $15,000 of debt, and it continues to rise. How can I get him to stop making charges? Will I be responsible for the debt, even if he passes away before I do?

She offers several solutions including
1- using http://www.optoutprescreen.com/
2- using a credit monitoring service.
3- using a durable power of attorney or guardianship if the person is incapacitated
4- Notifing the credit card companies directly

She also discusses the liability for the wife in the event of the husbands death.

If you need help with a Florida Durable Power of Attorney, Florida Guardianship contact a Florida Estate Planning Lawyer, or Florida Guardianship Attorney.

One of the most common questions I get is "What is the difference between a Durable Power of Attorney and a Guardianship?"

Richard Shea an attorney in Connecticut who publishes the Connecticut Estate Planning & Elder Law Blog has a good description of each and the differences in an article titled Power of Attorney v Conservatorship.

He summarizes the differences by stating:

A power of attorney is a relatively low cost and private way to decide which family member or trusted friend will have the legal authority to carry out your wishes if you can no longer speak or act for yourself. If you do not have a power or attorney or if your power of attorney is not drafted properly, and something happens that results in your inability to make decisions, your family/friends may later face court proceedings and court supervised Conservatorship. A court proceeding is not only costly, but the person appointed as your Conservator may not be the person whom you would have chosen yourself. And, as stated above, not having a properly drafted power of attorney could significantly limit financial and/or Medicaid planning that could be done on behalf of the principal.

Another significant difference that I often emphasize with my clients is that although a Durable Power of Attorney allows you to act when and if you want to, a Guardianship makes you legally responsible to act.

You should discuss your specific plans for a Florida Durable Power of Attorney or a Florida Guardianship with your Florida Estate Planning Lawyer to determine which is the right vehicle for your needs.

Whenever a Florida estate planning lawyer represents two or more individuals, there is always at least the potential of a conflict of interest, even when the clients agree about everything.

The same is true when a married couple needs a Florida attorney’s help with an estate plan. Depending on the circumstances, the Florida estate plan may well result in one spouse being deprived of a legal right. Whenever a person in a joint representation may be deprived of a legal right, the attorney must advise that person that he or she is entitled to seek the opinion of an independent attorney and, in fact, we are required to recommend a second attorney be consulted.

However, when both spouses are adamant that they wish to be represented by the same lawyer, the lawyer should incorporate both spouses' desires in what is called a "joint" or "dual" representation letter that is signed by both spouses. This type of letter is important because both spouses have acknowledged that each was advised of the potential or actual conflict and waived the right to seek independent counsel.

There are some situations in which each spouse should be represented by an independent lawyer -- such as a premarital or separation agreement and, depending on the circumstances, some second-marriage estate planning situations may also require the need for two lawyers. In addition, where assets are transferred from one spouse to another, extra protection may be warranted.

Our representation in estate-planning situations generally includes

1) review of existing wills, powers of attorney, trusts, etc.;
2) recommendations about how each of you wants to dispose of your property at disability or death;
3) preparation of documents necessary to accomplish your goals, including Florida wills, Florida powers of attorney, Florida health-care powers of attorney and the like.

It is important to understand that we are unable to keep secrets from your spouse and that anything you tell us will have to be disclosed to your spouse.

While in most circumstances one Florida lawyer couldn't represent both of you, your knowledgeable waiver of having independent counsel represent each of you is the reason a Florida Estate Planning Lawyer is able to proceed in representing both of you. The Florida Estate Planning Lawyer should make sure each of you will provide open and complete disclosures and exchanges of information, and if a conflict does arise in the future, the Florida Estate Planning Lawyer must withdraw from any further joint representation and cannot represent either of you in the current matter or in another matter where the information disclosed is used against the other.

I was trying out a new feature from Grandcentral where you can enter your name and phone number on the web page to have a call between us. Feel free to try it out and leave me some feedback. This could be very useful for quick questions or those who prefer to talk rather than type.

As a Florida Estate Planning Attorney, I often get involved in planning for Disabled Florida Adults and Children. Often these individuals are receiving government benefits or expect to receive the in the future due to a physical or mental illness or disability. In some cases clients expect their spouse to need these benefits soon. If the individual receives income that is to create or acquires or maintains assets above a certain level, they will be unable to qualify for these government benefits.

Often the solution is to create a Florida Special or Supplemental Needs Trust. This trust can hold assets and income that would typically disqualify an individual. This money can then be used to supplement their lifestyle. The Connecticut Estate Planning Blog has a two part article on this topic and the rules there seem to be very similar to those in Florida. If you have someone in your family who is currently disabled, or you expect to need government benefits in the future, you should discuss this with a Florida Estate Planning Lawyer so that you can determine what the best option for your particular situation is.

As a Jacksonville Estate Planning Lawyer, I often get asked about picking a Florida Guardian for a child in the even that the parents were to die before the child becomes an adult. There are two types of guardians one should consider to take care of their children. There is the person who will actually be taking care of the child, and the person who takes care of their money. Often these end up being the same person.

If a persons has Florida trusts included in their Florida estate plan, they can choose a guardian for the child, and a trustee to take care of the child's money or assets. This can prevent the need for a court maintained guardianship over the person. These are expensive to set up and in Florida, they require yearly reporting to the court. In addition, the court may determine that the funds are best protected in a restricted account. If funds are placed in a restricted account, the Trustee must hire a lawyer to file a petition to allow for use of money from the account. While this serves to protect the assets, it limits the investment opportunities, potential growth, and increases the costs of management. All of these fees and restrictions can actually cause the funds to decrease over time and the child may have less money at 18 then when they originally received it.

Susan Nattras an attorney in California has written an article What is a Legal Guardian And Why Do I Need One For My Child? In the article she discusses:
How to Choose the right person to be the Guardian? and gives some things to consider

Whose parenting style, values, and religious beliefs most closely match your own?
- Who is most able to take on the responsibility of a caring for a child — emotionally, financially, physically, etc.?
- Who does your child feel comfortable with already?
- Will your child have to move far away, and will that pose any problems?
- Does the person you're considering have other children? If so, would your child fit in or feel lost in the shuffle?

In addition Susan suggests that you consider the following issues:

- Does the person have enough time and energy to devote to your child?
- Is the same guardian right for each of my children? and
- What if I'm not married to my partner? What will happen to our child if I die?

Choosing a guardian, and evaluating the guardian properly are very important issues for every parent. If you live in Florida you should speak with a Florida Estate Planning Lawyer about your concerns and individual needs.

As a Jacksonville Estate Planning Attorney, I wanted to share with you and your family an important planning idea on he use of Powers of Attorney and Health Care Surrogate forms for college students and adult family members that are under 30 years of age. These documents are recommended because of the higher standards of patient privacy that hospitals and physicians are now being held to under the Health Insurance Portability and Accountability Act ("HIPAA"). Because of this, medical providers, family doctors, and health care centers are often unable to provide medical information to anyone without the authority of the patient.

Section 1177 of HIPAA imposes strict penalties on anyone who violates the law by providing a patient's individually identifiable health information to another person, even a parent or spouse. Specifically, the law states as follows:

(a) OFFENSE -- A person who knowingly and in violation of this part--

(1) uses or causes to be used a unique health identifier;
(2) obtains individually identifiable health information relating to an individual; or
(3) discloses individually identifiable health information t another person, shall be punished as provided in subsection (b)

(b) PENALTIES. -- A person described in subsection (a) shall--

(1) be fined not more than $50,000, imprisoned not more than 1 year, or both;
(2) if the offense is committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years, or both; and
(3) if the offense is committed with the intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, be fined not more than $250,000, imprisoned not more than 10 years, or both.

According to Section 1171, "individually identifiable health information" means any information, including demographic information collected from an individual that:

(A) is created or received by a health care provider, health plan, employer, or health care clearinghouse; and
(B) relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provisions of health care to an individual; and

(i) identifies the individual; or
(ii) with respect to which there is a reasonable basis to believe that the information can be used to identify the individual.

Because of the harsh penalties, many health care providers may be unwilling to disclose a patient's information to anyone else, even that patient's spouse or parents. Once a child turns 18, the natural parents no longer have authority over their child's financial or medical decisions. In fact, when distressed parents and family members of some of the students at Virginia Tech tried to discover information about their children, medical providers were unable to release information without the proper release form. Thus, I am preparing Durable Powers of Attorney and Designations of Health Care Surrogate for many clients who have children who are 18 or older. Typically, we designate the parents as their Attorneys-in-fact and Surrogates to make financial decisions and health care decisions should they not be able to do so themselves. In addition, I ask their children whether they want to execute Living Wills. Each of our clients typically executes these documents for themselves, but in the past, many have not executed them for their adult children.

Continue reading "Powers of Attorney for College Students" »

Jacksonville Business and Estate Planning Attorney, David Goldman Found a great article How To Prepare For Mediation: The Mediator’s Check List Of Key Legal And Factual Issues by David Laufer. This article and the checklist below can be used in Florida Business Law, Florida Probate Law, Florida Guardianship Law, and Florida Will Disputes.

THE MEDIATOR’S CHECK LIST ****************************************

ALL INFORMATION WILL BE MAINTAINED IN THE STRICTEST CONFIDENCE.

A CONFIDENTIALITY AGREEMENT HAS BEEN SIGNED BY ALL PARTICIPANTS IN THE MEDIATON BEFORE THE EXCHANGE OF ANY CONFIDENTIAL INFORMATION.

PARTIES

1. Identify each party and title of all participants involved in the dispute.
2. Identify each Disputant required to be present during the mediation process.
3. Identify each decision maker who will not be present during the entire mediation process.
4. Describe any special needs, demands, interests and goals of each Disputant and Counsel.

DISPUTE

5. Describe each claim, dispute and defense.
6. Describe each Disputant’s demands –the best case outcome-to be achieved in the Mediation.
7. Identify and quote the key statutes governing the claims and defenses.
8. Identify and quote the key cases governing the outcome of the liability issues. For example: Stout v. Turney (1978) 22 Cal.3d 718: “Of the two measures the ‘out-of-pocket’ rule has been termed more consistent with the logic and purpose of the tort form of action (i. e., compensation for loss sustained rather than satisfaction of contractual expectations) while the ‘benefit-of-the-bargain’ rule has been observed to be a more effective deterrent (in that it contemplates an award even when the property received has a value equal to what was given for it.)”
9. Identify the legal support for each demand for special, general and punitive damages.
10. Identify all defenses to the claims for special, general damages and punitive damages.
11. Identify key disputed facts discussed in the legal briefs.
12. Identify any key facts and legal issues overlooked by Counsel and the Disputants.
13. Identify other issues that may have an effect on the dispute, including change in case and statue law, change in management, change in key decision maker, vacations, trial dates, motions for summary judgment, divorce, employment termination, surgery, promotion, restructure of company, bankruptcy, sale of business, cancellation of insurance coverage, and the need for closure.
14. Should the mediation be conducted in segments? For example, if the claimant is rehired in wrongful terminations claim will the damage claim be resolved? If the franchisor reinstates a franchise will the damage claim be resolved? If the insurance company renews the insurance policy will the claim for bad faith claim be dismissed?
15. Identify possible resolutions of dispute by restoring, creating or enhancing a commercial relationship that the defendant may be able to provide as an alternative to payment of money damages. For example, a HR Director may be able to re-hire an employee without consulting with a higher authority, whereas the payment of a damage claim may have to go through several levels of review and approval and consultations with the company’s risk manger for reporting to an insurance carrier or audit committee.

EVIDENCE:

Continue reading "Attorney and Client Check List for Mediation" »

Florida Estate Planning Lawyers often include Durable Power of Attorney documents in the estate planning they do. Today I read an article on the California Estate Planning Blog entitled "Do I Need A POA Over My Spouse?".

The article recommends that everyone needs a power of attorney over their spouse in case something happens. Without a Florida Durable Power of Attorney in place, a spouse is unable to file taxes, deal with social security, talk to creditors or deal with other financial considerations that require the spouse's signature.

You cannot get a Florida Durable Power of Attorney if your spouse becomes incapacitated. The only alternative is to setup a Florida Guardianship. This is costly, time consuming, and requires one to act while a Florida Durable Power of Attorney gives one the ability to act, without the legal requirement to act.

For the same reasons why you need a Florida Durable Power of Attorney for you Spouse, you also need one for any children over the age of 18. If you child becomes injured, or incapacitated, you will be unable to act on their behalf without a Florida Power of Attorney.

Many Florida Estate Planning Lawyers also recommend a Combination Living Will and Designation of Health care Surrogate with HIPAA Release

Some Florida Estate Planning Lawyers are now providing documents for college age kids as part of their parents estate planning.

A valid Health Care Proxy or Designation of Health Care Surrogate, or Medical Power of Attorney and a Durable Power of Attorney are important documents to have for your adult children.

With recent HIPAA regulation and privacy laws, spouses can not find out medical information on each other, much less on their adult children. If you child is hurt, incapacitated, or unable to speak for themselves, a Florida Durable Power of Attorney or Florida Designation of Health Care Surrogate can allow you to act and make decisions on the behalf of your adult children. It is important to include HIPAA releases in these documents so that you can receive the background medical documents necessary to make decisions.

Remember, that your “child,” is an adult and their Privacy is protected under the law, once he or she turns 18. Under HIPAA, the medical community treats him or her as completely separate and distinct from you, and owes your “child” full confidentiality. There are circumstances when a medical provider may slip up and allow a parent or friend more information than they are suppose to, but without the proper documents they are not suppose to discuss the care and treatment of your child with anyone, including a parent.

To make sure you are prepared in case a medical emergency arises, you should talk with your Florida Estate Planning Attorney. Make sure that if you have a durable power of attorney it is valid, in the last few years there have been many problems with them, so it needs to mention the Florida Statute it that its authority comes from. If there your documents are more than 3 years old, you should have them reviewed for compliance with the new regulations.

Often we find articles on other blogs that may be of great interest to our readers. Flprobatelitigation.com has recently written a great review of a recent Florida probate Case. This case should be of particular interest to Florida estate planning lawyers, Florida probate lawyers, and even Florida Business lawyers.

This case could have broad implications on the statute of limitation dealing with Florida business law, Florida estate planning, and Florida probate, as there are often fiduciary duties that are created.

Although the set of facts in this case dealt with Probate, its not unreasonable to see courts considering this line of thinking in other areas were there is a breach of a fiduciary duty.

In Kravitz v. Levy Fla 2007 WL 2480538 (Fla. 4th DCA Sep 05, 2007)

The court found that even after 41 years, the Continuing torts doctrine allowed a family the opportunity to recover from a PR when they discovered the PR had breached his fiduciary duty to the family. The court reasoned that the statute of limitations did not begin to run until the PR died, which was when the issues were discovered.

In Jacksonville Florida and other Florida counties, your Florida Guardianship Attorney will help the ward present information to court. The court has the option to appoint any person who is qualified to act as a guardian. Florida Statutes, Section 744.312 requires the court to give preference to any person who is related by blood or marriage to the ward.

In addition the Florida Court must also consider the wishes of the incapacitated person as to who shall be appointed guardian. This can be troublesome to the Florida court as the incapacitated person might wish to have a Florida Guardian who is not appropriate for the ward (themselves). The statutes require that the court consider the preference of the incapacitated person but the Florida court is not required to appoint the person requested by the ward.

Right after the petition to determine incapacity, a petition to appoint a guardian is usually heard by the Florida Court. This process can vary from one city like Jacksonville to one in another area of Florida where it might happen a few days later. The appointment of a qualified guardian is very important and is one of the rights of the incapacitated person. Florida Statute, Section 744.3215

In Jacksonville Florida and other areas of the estate Florida Estate Planning Lawyers and Florida Guardianship Lawyers use advance directives including Durable powers of Attorney and Designation of health care surrogates to limit the need for Florida plenary or limited guardianship.

Prior to the appointment of a Florida Guardian, the Duval County court or local court will determine whether the ward executed a valid advance directive in accordance with Florida Statutes, Section 765. If a valid directive exists the court will specify what powers the guardian will have in the letters of guardianship. If court is considering modifying or revoking the authority of the surrogate, the surrogate must be given notice prior to the hearing.

The adjudicatory hearing is closed and only the examining committee members, the petitioner and his or her Florida Guardianship Attorney, the Alleged Incapacitated Person (AIP) and his or her Florida Guardianship Lawyer have the right to be present. The AIP has an absolute right to attend and must be present unless his or her presence is waived by his or her Florida attorney. The AIP also has the right to refuse to testify during the hearing.

In the event that there are witnesses, the witnesses must be disclosed to all parties. The Florida Court must find by clear and convincing evidence that the AIP is incapacitated. If the AIP is found to be incapacitated the court must consider alternatives to guardianship before the appointment of a guardian. This is the case in a plenary guardianship or limited guardianship.

In Jacksonville (Duval County) Florida and other Florida cities the examining committee consists of three members. One must be a physician or psychiatrist. Each member must examine the Alleged Incapacitate Person (AIP). The examination consists of tree parts:

1) a physical examination
2) a mental examination, and
3) a functional assessment of the person.

The committee's report must contain a diagnosis, a prognosis, and a recommended course of action for the AIP. If all three of these are not present, it is not a valid report.

In addition, the committee must also consult the AIP's attending physician. In the event that the examining committee finds that there is no need for a guardianship, the petition to determine incapacity shall be dismissed. If the petition is filed in bad faith, the court may impose costs and attorney's fees on the Petitioner.

One recent change in Florida is that if 2 of the 3 don't find a need for the guardianship, the case must be dismissed.

In Jacksonville and other areas of Florida, once the Alleged incapacitated person is found to be incapacitated, he or she becomes a ward. The ward is entitled to have a qualified and competent guardian who:

1) must be at least 18 years old
2) a resident of Florida or a blood relative, adopted child or the ward's spouse, and
3) may not be a

felon,
incapacitated,
previously abused or neglected an elderly person,
anyone who provides services to the ward,
a creditor of the ward,
an employee of an entity that provides services to the ward, or
one of the examining committee members who examined the Alleged incapacitated person

.

For questions about serving as a Florida Guardian for a person who has been adjudged a ward you should talk with a Florida Guardianship Attorney who represents ward's rights

A Jacksonville Guardianship Attorney will always attempt to obtain a Limited Guardianship for his clients when ever possible. Generally in Jacksonville and around Florida, The courts must use the least restrictive means when establishing a Florida Guardianship. When a person has all of his /her rights removed they will have a Plenary guardianship. If one right or more is retained then the guardianship is limited.

The duties of a guardian may be divided into two parts:

1) The duties dealing with the person of a ward, and
2) The duties with the property of a ward.

Therefore a court may appoint a guardian of the person of a ward who will be given the rights that has to do with the person, such as the right to:

Consent to mental and medical treatment,
Determine the ward's residence, and
Make decisions about the social environment and social aspects of the ward's life.

A guardian of the property will be appointed to handle some or all of the rights dealing with the property. Those rights include the right to:

Contract,
File suit and defend lawsuits,
Apply for government benefits,
Manage property, and
Make gifts or disposition of property.

The process of finding someone legally incapacitated begins with the filing of a petition to determine incapacity. In Jacksonville and other areas in Florida the petition can be filed by any adult person. The subject of the petition to determine incapacity is known as the Alleged Incapacitated Person.

As soon as the petition to determine incapacity if filed, the court appoints an examining committee and a Florida Guardianship Attorney to represent the Alleged Incapacitated person (AIP).

The Florida Attorney who is appointed to represent the AIP is not a guardian ad litem. Florida Statutes, Section 744.102(1) defines the duties of an attorney for an AIP. Such an attorney represents the AIP ans shall represent the expressed wishes of the AIP to the extent it is consistent with the rules regulating The Florida Bar. This means that they Florida Guardianship Attorney who is appointed to represent an AIP must represent the AIP like in any adversary proceedings. After all, the purpose of these proceedings is to determine whether or not important rights should be taken away from the AIP. A ward under a plenary guardianship has less rights than a convicted Felon in Florida.

Legally Incapacitated Person: A person who has been determined by a court as not capable of handling his or her personal and financial affairs.

A Florida Durable Power of Attorney, Florida Trust, Florida Guardianship, Florida Designation of Health Care Surrogate all deal with Legally Incapacitated persons.

One may not be the Personal Representative, Agent, or Trustee if they are Legally Incapacitated.

In Florida Estate Planning, Florida Guardianship Proceedings, and Florida Probate cases it is often necessary to setup a full or plenary guardianship.

Guardian: an adult appointed by a surviving parent in his or her will or by a court, who is responsible for a minor child or legally incapacitated person's personal care and nurturing.

A parent is the natural guardian of their minor child. If a child receives over $15,000 from a probate or settlement that requires court approval, a parent will need to create a Florida Guardianship over the Property of the minor child.

Other times Florida Guardianships are used to try to stop individuals from wasting their assets. Although this was permissible in the past in Florida, the new standard does not take into account the actions of the individual only the mental capacity of the individual and by law must impose the least restrictions on an individual when evaluating their mental and physical capacity.

Often, Florida Estate Planning Techniques such as Florida Revocable Living Trusts, Florida Durable Powers of Attorney, and Florida Designation of health Care Surrogates are used to prevent a guardianship from being imposed on an individual at a later date.

Fiduciary: This refers to a person (or entity) that serves in a representative capacity. Personal representatives, trustees, guardians, conservators, and agents under powers of attorney are all fiduciaries. A fiduciary stands in a position of confidence and trust with respect to each heir, devisee, and/or beneficiary. They are subject to a responsibility to act in the best interests of the person that they are serving on behalf of and can be sued if they act improperly.

A new problem has begun to surface in Florida Estate Planning. What happens if you use email, or other online services? Will your loved ones be able to act upon your behalf if you are incapacitated or unable to act on your own?

With the rising use of the internet, it doesnt matter if you are in Jacksonville Florida or another city.How can you give your heirs access to information that may be stored online but secured by a password, but without the risk of unauthorized access.

If you put your passwords in your Florida will, they could change, or people who should not have access to them might gain access. Likewise biometrics (fingerprint or retinal scans) could also pose problems if there is not a password in addition to the biometrics.

The best solution seems to deal with a password vault where there is a master password. This way if your passwords change, the person who has access to the master password would always have the current password.

The master password could be on a document that is referenced within the will or other estate planning documents.

With the increase in electronic communications it’s important to choose a Florida Estate Planning Attorney who is familiar with the technology and how to deal with these recent problems in estate planning.

Another solution is to create a Digital Asset Revocable Trust. This trust can be the owner of all of your digital assets or the assets you wish others to have access to upon a disabling event or your death. Since most of these digital assets are licenses, the trust will survive your death and others will be able to access the information. You still need to plan on how to transfer the information or knowledge to the successor trustee or beneficiary.

Florida residents who die with minor children should be concerned with who will raise their children? One of the most important reasons to have a will in Florida or any state is to have the ability to select the person who will take care of and raise your children. It's a very simple process to select who will be the guardian of your children until the reach the age of 18. If a guardian is not selected, you will have no say in who raises your children, and they could end up being the responsibility of the State.

Sometimes parents want to choose different Guardians for different children.

Parents can allow the guardian to manage the finances of the child or children or select alternative people or institutions to manage the assets of minors.

It is important that both parents agree on the Guardian for their children. If there is a disagreement or conflict in each parents will, the court could be forced to make the decision if both parents die at the same time.

A Florida estate planning attorney can help you and your spouse determine what is important to include in your will and other estate planning documents to achieve your desired results.

A Durable Power of Attorney and Health Care Directive / Living WIll are two additional documents that should be part of every family's estate plan, in addition to a Will or Living Trust.

An Advance Health Care Directive appoints someone to make medical decisions for you if you become incapacitated. It also tells doctors what kind of medical care you do, or don't, want at the end of your life.

A Durable Power of Attorney for Property Management appoints someone to manage your finances for you if you become incapacitated.

Both documents are part of good Florida estate planning techniques.

Picking a guardian is often the most difficult part of estate planning for most parents. Your Estate Planning Attorney can help by asking you to consider

While every family in Florida faces different decisions, here are a few things to keep in mind:

Who do your children really care for?
Who really loves your children?
Where would you like them to be raised?
What kind of values matter most to you?
Do you trust the same person to raise your children and be in charge of their money?

On a practical level, make sure to choose two, or three, people as guardians. That way, if for some reason your first choice is unable or unwilling to serve, you will have already named another candidates.