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Florida Living Wills & Trusts
Critical Planning For Incapacity
Incapacity planning allows you to provide detailed instructions which would be implemented if you were injured or ill and could not make your own decisions. This type of planning typically involves naming someone to make your financial decisions and health care decisions.
There is a great deal of misperceptions about incapacity planning and the need for it. Many people mistakenly believe that they will never need power of attorney or a living will. Many people put it off, sometimes indefinitely. With our firm, we will guide you in the correct options for making sure your financial and health care affairs are in order, which will make things much, much easier for you and your family.
What Exactly Is Incapacity Planning?
Incapacity planning is a plan that details whom you would choose to make decisions on your behalf as well as a legal description of what decisions you would choose. For example, you would document at what point you would choose to have life support stopped. Medical decisions are documented in a living will. You would also choose the person who will be responsible for your finances while you are incapacitated. The Durable Power of Attorney will also allow you to provide some specifics and guidance for the person you choose to represent you.
Factors You Must Consider Now
There are a few things that you should think about before you begin discussions with your estate planning attorney. You should begin thinking about who might be good candidates for these important roles. You should also be considering what type of medical decisions you should make and what type of direction you would provide to the person selected to be your Power of Attorney. You must also trust the people you name in these roles!
Who Decides When To Pull The Plug?
One of the decisions you will make while creating your living will is at what point you would not want machines to keep you alive. We will help you decide this important role – it is never easy to make these end-of-life decisions. In some cases people decide not to choose their spouse; especially if they disagree about end of life care.
Why The Person You Trust Most May Not Be Able To Handle Your Finances
You will also be asked who you would like to grant authority to make financial decisions while you are incapacitated. While most people choose their spouse or life partner, this may not actually be the best choice. If your spouse or partner is not good at managing money, you may actually choose someone else to manage your investments.
You Should Pick Who Will Make Your Decisions
The person or people that you select to make decisions for you regarding health and finances may not be the same people who would handle your affairs after you pass. An experienced estate planning attorney will work with you and provide various scenarios until you are comfortable with the decisions you have made for these very critical roles.
Advance Directives & Living Wills
Advanced directives and living wills are the documents that will give authority to the person you choose to make medical decisions on your behalf. Additionally, advanced directives can detail your desires for end-of-life options which will ensure that the decisions you would have made are honored.
Durable Powers Of Attorney
A durable power of attorney is a document that will give authority to the person you choose who will make financial decisions for you should you become incapacitated. Further, a durable power of attorney can provide guidance for that person so they will make decisions that are in line with your values and standards.