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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Sometimes the best decision by a legislature is not to pass a bill. Among the bills that did not pass the Florida Legislature in 2017 was Senate Bill 228, which would have made POLST a law in Florida. It died in the Senate Judiciary Committee. About twenty states have enacted POLST legislation.
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In 2013 the Florida Legislature enacted Fl. Stat. 736.202 to clarify when Florida courts have jurisdiction to hear disputes involving trusts. Lawyers refer to this type of statute as establishing “long arm” jurisdiction. The reason will become apparent.
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If you were in an accident today or became suddenly sick and couldn’t speak for yourself, would your family know your healthcare wishes? Would they know for certain what you would want the hospital and doctors to do? And would they be able to make decisions for you—or even talk to your healthcare providers on your behalf?
Continue Reading...Available on Netflix, “Lullaby” is a movie by Andrew Levitas about a dysfunctional family that is reunited by end-of-life issues. Jonathan is a young man living on the opposite coast from his wealthy New York family. Although they have been estranged for years, Jonathan agrees to visit his terminally ill father when he learns that he wishes to be taken off life support within 48 hours.
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Now that graduation season is behind us, we have some important information for parents of young adults who are going off to college or starting their first job. Once your child turns 18, he or she is automatically an “adult” in the eyes of the law, no matter how immature or inexperienced. Being an adult comes with the right to manage your assets (including opening credit cards and taking out loans) and make decisions about your life (such as where to live, who to socialize with, and whether you want medical treatment). As you might imagine, this silent leap into full adulthood can cause some nasty surprises down the road.
Continue Reading...We constantly preach that how an asset is titled to is the most important factor in determining whether an estate plan will work. Many people do not give sufficient thought to coordinating the way their assets are titled with the way they want those assets to be handled in the event of a disability or after death. A glaring example is the “joint bank account.”
Continue Reading...Last week, we wrote about a unique automobile that sparked a legal battle and ultimately fell into the wrong hands due to a lack of planning. We encouraged everyone who owns any kind of special item to plan now to avoid expense and stress later. This is especially true for collectible items, such as art, coins, stamps, antiques, etc.
Continue Reading...The statistics speak volumes:
• More than 100,000 men, women and children currently require life-saving transplants
• Every 10 minutes, another name is added to the National Organ Transplant Waiting List
• On average, 18 people die each day due to the lack of organs available for transplant
A recent article in The Wall Street Journal discussed how and why doctors die differently than most of their patients. Although the article is generally interesting, there was one statistic that caught our attention: a survey of doctors showed that 64% of them had planned for potential incapacity by executing an advanced directive. This figure is remarkable because, in general, only 20% of Americans have advanced directives.
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