Estate Planning
None of us knows what the future holds. That’s why it’s important to have a plan in place, especially when it comes to end-of-life care.
An advance directive is a legal document that outlines your wishes for who can make financial and medical treatment decisions if you cannot decide for yourself. An Oviedo advance directives lawyer can help you create these documents to ensure your wishes are followed.
Book a call today to learn more about advance directives and how our team can help you.
Advance directives are legal documents that outline your wishes for who can make financial and medical decisions if you can’t make them for yourself. These documents are designed to ensure that the individuals that you want to have authority over your financial and medical decisions have that authority and that your wishes are followed and you receive the medical treatment you desire, even if you can’t communicate those wishes at the time.
Advance directives can include durable powers of attorney, healthcare surrogates, and living wills. These documents can help give you peace of mind and help your family members make decisions on your behalf if you are unable to do so.
It’s important to consult with an attorney or other qualified professional to ensure that your advance directives are legally binding and meet Florida’s requirements.
If you’re thinking about creating advance directives, it’s important to understand the different types that are available. Each type of advance directive serves a different purpose, and choosing the right ones for you can ensure that your wishes are respected, and your healthcare needs are met.
The most common types of advance directives are durable powers of attorney, healthcare surrogates, and living wills.
A Power of Attorney is a legal document delegating authority from one person to another. In the document, the maker of the Power of Attorney (the “principal”) grants the right to act on the maker’s behalf to an agent. What authority is granted depends on the specific language of the Power of Attorney. A person giving a Power of Attorney may make it very broad or may limit it to certain specific acts.
A Power of Attorney is an important and powerful legal document as it is the authority for someone to act in someone else’s legal capacity. It should be drawn by a lawyer to meet the person’s specific circumstances. Preprinted forms may fail to provide the protection desired.
A Power of Attorney terminates if the principal becomes incapacitated, unless it is a special kind of Power of Attorney known as a “Durable Power of Attorney.” A Durable Power of Attorney remains effective even if a person becomes incapacitated. However, there are certain exceptions specified in Florida law when a Durable Power of Attorney may not be used for an incapacitated principal. A Durable Power of Attorney must contain special wording that provides the power survives the incapacity of the principal. Most Powers of Attorney granted today are durable.
A Healthcare Surrogate Designation is a document in which the principal designates someone else to make healthcare decisions if the principal is unable to make those decisions. Many medical providers prefer a designation of healthcare surrogate for healthcare decisions because the document is limited to healthcare. However, a Durable Power of Attorney specifically for healthcare may enable the agent to assist the principal in healthcare decisions even though the principal may not completely lack capacity.
Having a healthcare surrogate in place can be incredibly important, especially if you have specific medical preferences or are concerned about being unable to communicate your wishes. It ensures that someone you trust is making decisions on your behalf and can help alleviate any disagreements or confusion that may arise between your loved ones during a medical crisis.
When selecting a healthcare surrogate, choosing someone who understands your values and preferences and who you trust to make decisions on your behalf is important. It’s also a good idea to discuss your wishes with your healthcare proxy in advance, so they can understand your preferences and make informed decisions on your behalf.
A living will specify a person’s wishes as to the provision or termination of medical procedures when the person is diagnosed with a terminal condition, has an end-stage condition, or is in a persistent vegetative state.
A living will and a healthcare surrogate designation is termed “healthcare advance directives” because they are made in advance of incapacity and need. If a person is unable to understand or unable to communicate with a doctor, a living will is a legally enforceable method of making sure the person’s wishes are honored.
It’s called a “living” will because it takes effect while you’re still alive. Having a living will in place is incredibly helpful for you and your family members. It provides guidance and clarity on your wishes, which can help alleviate any uncertainty that may arise during a medical crisis. Plus, it ensures that your medical treatment aligns with your personal values and beliefs.
Creating an advance directive is an important step in protecting your wishes and ensuring that the individuals that you want to designate are in control and that you receive the medical care you want.
While it’s possible to create these documents on your own, working with an experienced attorney can offer several benefits, including:
Overall, working with an advance directive lawyer can be a wise investment in your future health and well-being.
Are you ready to take control of your healthcare and protect your wishes?
If so, don’t wait—take action today to create advance directives that reflect your values and preferences.
Here’s how:
Remember, creating advance directives can offer peace of mind and ensure that you receive the care you want in the future. So don’t put it off—call Vollrath Law now.
Had the opportunity to utilize this office for estate planning: Last Will and Testament, Power of Attorney, Designation of Health Care Surrogate, and Living Will. We had the pleasure of working with Brian Buck and Melora Vandersluis Esq. The process was very smooth and we utilized a secure portal to review documents and to prepare for questions …
Our experience with Vollrath Law was excellent. We had an initial phone consultation for our will and potential trust, then worked with one of the associates by email until we scheduled our signing appointment. Everyone in the office is friendly and professional and answered all of our questions/ concerns …
Sharon, Stephanie and Amanda are the dream team with title closings for my customers and for me personally. Highly recommend for stress free, efficient and fast mortgage closings for new purchases and refinances in the state of Florida.
We can’t wait to help you tackle your legal challenges and achieve your goals! Our first step is to chat with you and really get to know your unique situation. We’ll listen to your concerns, answer any questions you may have, and create a customized legal strategy that meets your needs and goals.
With our strategy in place, we’ll work with you to bring your legal matter to a successful resolution. No matter what legal challenge your family is facing, we’re here to guide you every step of the way.
We understand that legal paperwork can be overwhelming, but we’ll make it easy and stress-free for you. We’ll help you prepare and file any necessary documents, ensuring that everything is accurate and up-to-date.
In some cases, negotiations and mediation can help resolve legal matters without going to court. We’ll work with you to find common ground and reach a resolution that meets your needs and goals.
Our final step is to help you achieve success and move forward with confidence. Whether it’s a finalized estate plan that provides peace of mind, or a successful divorce settlement that protects your interests, we’re dedicated to helping you achieve your goals and thrive in the future.
If you don’t have advance directives in place, your loved ones may have to hire an attorney to initiate guardianship proceedings. This can be stressful and expensive, In some cases, health professionals may need to make decisions on your behalf without knowing your wishes.
By creating advance directives, you can ensure that your wishes are respected and that your loved ones and medical professionals have clear guidance about your care.
Yes, you can change your advance directives at any time. It’s a good idea to review your documents periodically and make updates as needed to ensure they still reflect your wishes. Remember that any changes you make should be properly documented and signed to be legally binding.
Choosing a healthcare surrogate is an important decision. Some factors to consider when choosing a surrogate include their willingness to take on this responsibility, their availability to be involved in your care, and their ability to communicate effectively with medical professionals. Consider designating an alternate surrogate in case your first choice is unable or unwilling to serve.
Yes, it is possible to create advance directives without a lawyer. However, it’s important to remember that creating advance directives can involve complex legal and medical issues. Working with an experienced attorney can offer several benefits, including ensuring that your documents meet the state’s legal requirements and are legally binding.
They can also help you navigate complex issues and ensure your documents are clear and accurate.
