It’s a topic most of us never want to consider, but everyone should plan for what will happen should they become unable to care for their own affairs or make their own health care decisions. At Steven Silverman, P.A., we meet with our clients and once we understand their wishes and objectives, we prepare the proper legal documents to accomplish their goals.
Estate Planning Tools Used To Plan for Incapacity & Health Care
There are a myriad of legal instruments that can be used to prepare for incapacity and health care. Some of the most common include:
Due to its flexibility, a living trust, which is also known as a revocable trust, is often used in estate planning in Florida. It is an agreement which allows you, the grantor, to manage your assets while you are able but also allows you to appoint a successor to handle them for you in the event of incapacity. This avoids the need for a guardian. Also, the trust should define what is to be considered a state of incapacity as well as who it should be determined by.
A living will is a document wherein you express your health care choices so that in case of incapacity your medical team and family know how you wish to be treated. A living will is very useful for your family in that it alleviates the need for your loved ones to make these decisions on your behalf. In order to prevent confusion and ensure your control over your own health care, living wills are specifically and carefully worded. Watch the related video here.
Health Care Power of Attorney
Also known as a health care advance directive or a health care surrogate, a health care power of attorney allows you to designate someone to make medical decisions for you should you become unable to do so for yourself. Watch the related video here.
This Form is extremely important. This is the authorization you have made to allow your medical records and condition to be discussed with the people who you want to make medical decisions if you are not capable of doing so. Very often, the doctors and hospitals will not talk with someone if they are not listed on this form. Watch the related video here.
Do Not Resuscitate Order
Whether or not to have your health care team try to resuscitate you if the need arises is a personal decision. If you do not wish for them to try to do so under certain conditions, you will need to execute a Do Not Resuscitate Order (DNR). This form is normally provided by your family doctor.
Durable Financial Power of Attorney
A durable power of attorney is a versatile legal instrument which enables you to appoint a trusted family member or friend to handle your finances should you be unable to do so. You are able to grant very broad or limited powers to your agent. Unlike a standard power of attorney, a durable power of attorney remains in effect in the event of incapacity. This is a very powerful document and must be given with care and caution to protect yourself.
Speak With An Incapacity & Health Care Planning Attorney Today
Contact Steven Silverman, P.A. today to speak with a knowledgeable Florida incapacity and health care planning attorney today. We are a law firm that cares and we take pride in crafting a plan that puts your mind at ease. You can contact us online or by calling (305) 666-6111 to schedule an initial consultation.