Essential planning tools for adults with minor children.

Last Will and Testament – This document allows you to direct where your belongings (real estate, tangible personal property, bank accounts, etc.) will go upon your death, instead of allowing the state to make that determination for you.  Don’t simply assume that your spouse will get it all.  Under Florida law, if you die without a will (“intestate”), your spouse will either receive (1) the first $60,000.00 of your estate plus one-half of the balance of the intestate estate, or (2) just the first one-half (1/2) of your intestate estate.  The amount your spouse receives depends on whether your surviving lineal descendants are also the lineal descendants of your surviving spouse.  Confused?

Our firm can help you understand the importance of proper planning utilizing a Last Will and Testament. 

Durable Power of Attorney (DPOA) – An extremely important and powerful document which allows your chosen “attorney-in-fact” to handle a myriad of financial and legal matters on your behalf.  This document is crucial in avoiding unwanted guardianship proceedings should you become mentally incapacitated. 

IMPORTANT TIP: Do not let your DPOA become “stale.”  Many financial institutions will not accept a DPOA that is over one (1) year old. Our firm can prepare this document for you and assist you in understanding its various uses.

Health Care Surrogate Designation – Choose the person (s) who you trust the most to make educated medical decisions for you when you are unable to make them yourself.  Don’t assume that your spouse can make decisions for you.  The Federal Health Insurance Portability and Accountability Act (HIPAA) has made this a very unsettled issue among healthcare providers.  Make sure your document has appropriate HIPAA release language.  Our firm can prepare this document for you.

Living Will – If it is your desire to not be kept alive by artificial means when you are: (1) in the final stage of a terminal illness, (2) in a persistent vegetative state, or (3) suffering from an end-stage condition, from which there is no reasonable medical probability of recovery, you need to have a living will in place.  Make sure your document has appropriate HIPAA release language. 

Pre-need Guardian Designation – Being prepared is always important, but that is especially true when it comes to your minor children.  Should you and your spouse both die or become mentally incapacitated, this document makes clear to the Court who you desire to be your children’s legal guardian.