The Florida legislature thankfully has made it more difficult for a spouse to “accidentally” waive their homestead rights through vaguely worded or boilerplate deeds. Typically, constitutionally protected homestead rights only are waived in antenuptial agreements. However, those rights technically could be waived in any valid written contract, including a deed. Because prior cases had held that signing a deed with broader language than you knew could constitute a waiver, new statute F.S. 732.7025 now requires the following language to appear in a deed if it is to constitute a waiver of homestead: “By executing or joining this deed, I intend to waive homestead rights that would otherwise prevent my spouse from devising the homestead property described in this deed to someone other than me.” This is a welcome change.

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If this isn’t a fundamental human right, I propose to make it one – the right to muddle through. This has been bothering me. America is supposed to be the land of the free, but that freedom becomes precarious when you reach “old age”. Florida’s Guardianship Law permits a Circuit Court Judge to strip you of all of your civil and personal rights. I’ve seen it happen in a 5 minute hearing. 5 minutes! That is all it takes to become a “ward of the state.” Unfortunately, unless we can start a massive human rights campaign right now, “the right to muddle through” is being lost here in Florida.

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Most people I know are fiercely independent. It seems that the desire to be independent is hard wired into the American experience. Most of our clients express in their estate planning documents this desire to be and to remain independent for as long as possible. Many wish never to leave their homes for some type of institutional living and are willing to devote their life savings to remain “independent”. But what we are seeing as a result is that people are either totally independent or totally dependent. There rarely is an in-between. I strongly believe that if more people would include in their planning a recognition that there can be a transitional period--a period of interdependence-- which can meaningfully delay the onset of total dependence—more people would be able to age in place and be able to stay in their homes for a longer period of time.

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I recently learned about a Facebook Group called “Elder Orphans” which is a support group for those aging alone. It is a group restricted to those over age 55 who live without the help of a spouse, partner or children. It has attracted over 8,000 members who use the site to discuss common issues and concerns.

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petros

Change is underway at Cramer Law Center. First, we are moving in 2 weeks to new offices at 4655 Salisbury Road, Suite 100A. (The move will take place the week of June 25). If you enter from Salisbury, we will be in the third of 3 buildings in the “Quadrant at Southpoint” office complex. You also can enter from Belfort Road. If you turn in at the entrance to the Borland-Groover Clinic and keep going past the clinic, we will be the first of the Quadrant buildings. I believe the official designation is “Quadrant II.” This location near I-95 and JTB is more centrally located than our present offices. Although traffic during rush hour is bad everywhere in Jacksonville, at least there is more than one way in and out of the new offices—as contrasted to our present location. We will have a map up on our website as soon as we relocate.

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One of the cornerstones of our mission to create estate plans “that work” is our annual client meeting. Every spring client members of our LifeLegacy program gather to hear updates on the practice, learn about legislative and other legal changes of the past year, socialize, and discuss topics of vital importance to their estate planning. This year over 40 clients participated in one of our liveliest discussions ever.

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Scheming

We recently have been involved in a case which highlights the distinction between exploitation and guardianship. An elderly gentleman was being systematically robbed by a younger woman he was infatuated with. She obtained power of attorney and withdrew over $100,000 from his accounts in less than 4 months, before the banks froze those accounts, reported suspicious activity to DCF (Florida Department of Children and Families), and a third party intervened to file a guardianship. Had she continued at that pace, he would have been flat broke in a little over a year.

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preneed guardian

Not all estate planning “packages” of documents contain a Designation of Preneed Guardian.  But, this oft overlooked document can make a big difference if someone challenges your advance directives or Power of Attorney in court. Who would challenge your documents? You might be surprised.

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