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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In the recent case of Smith v. Smith, our Florida Supreme Court addressed the question of what happens to a person found to be legally incapacitated, who had a guardian appointed for them, and had the right to contract removed. Can that person marry?
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Effective October 1, 2015, Chapter 765 of the Florida Statutes entitled “Health Care Advance Directives” has been amended in two profound ways.
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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...Our Relationships Series previously has covered the unique estate planning challenges faced by blended families and by same-sex and other unmarried couples. Today we will address another group that is in dire need of proper planning: families with children under the age of 18.
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.
Continue Reading...Many people think that there is no need to make an estate plan until or unless they get married. However, our firm recently handled a case that illustrates why buying into this planning myth can be very stressful and expensive for your loved ones.
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