Category: Estate Planning

Estate Planning Tips You Need to Consider When You Have a Recent Cancer Diagnosis

Estate planning with cancer diagnosis

Do you have a Florida estate plan? Estate planning is critical for all of us. From being able to make the early choice of who will be able to care for you in a crisis to who should have legal authority to make decisions when you are incapacitated to, ultimately, deciding who should inherit from you at a time when you’re no longer here, are each important conversations that take place when you work with your Florida estate planning attorney. Although less than half of all Americans today have an estate plan, the importance of it in our daily lives cannot be diminished.

 

Even though we may choose to ignore the benefits of a Florida estate plan and what it can do for us when we are healthy, we have seen firsthand this concept change dramatically in light of a negative healthcare diagnosis. Know that when we are facing a significant health care issue such as cancer, for example, we start to question what the next chapter of our lives will look like. We need estate planning tips to be able to answer questions such as:

 

  • Who will pay my bills if I cannot? 
  • Who will make sure I have access to government benefits?
  • Who will make my healthcare decisions if I’m in a coma? 
  • Do I need a living will?
  • Who should inherit from me at the time of my passing?
  • Who will care for my pets?
  • How can I ensure my business continues when I am not here?
  • Who will be able to make sure my bills are paid on time?
  • How can I make sure my family is provided for in my absence?

 

A Florida estate plan can give you tips to answer these questions, and so many more when it comes to caring for those who you love, planning for your legacy, and providing for yourself.

 

Your estate plan will allow you to answer lifetime questions in advance. This could include, but is not limited to, choosing trusted decision makers to act for you in a crisis when you no longer have capacity to make your own decisions. You can give legal authority through estate planning tools, such as a power of attorney, to those that you trust as well as name back ups in the event they are not able to act for you when needed.

 

When you face a diagnosis such as cancer, careful Florida estate planning can also work hand-in-hand with your health care plan. For example, what treatment do you want to receive? What treatment do you not want to receive? What do you wish to see happen in your business? How do you want your minor children to be cared for? How will you pay for this care? And, if you are unable to act for yourself, who should make these decisions for you?

 

Further, through your Florida estate planning you can also create your legacy. This is more than just the concept of who should inherit from you at the time you pass away. This is your opportunity to share your dreams for those who will inherit from you and the goals for your legacy. Your experienced Florida estate planning attorney can help you define what your legacy looks like and ensure you have a place in a plan in place to reach it.

 

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Could You Be Headed To A Will Contest In Florida?

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Have you created a solid Florida estate plan?  Did you try to create a Florida estate plan that can give legal authority to another person of your choosing? Your decision to choose this person is very important because he or she will now have the ability to make your decisions should something happen to you resulting in your inability to make decisions during your lifetime. However, this lifetime protection is just one part of the equation.

Legacy planning is also important to many people. People want to decide now what to do with their hard earned assets at the time of their passing. By creating a legacy through their estate plan they will be able to provide for their intended beneficiaries, not just in the present but often for years to come. We know how important a solid future for the loved ones of our clients is.

However, what happens when all your planning is not well received? What happens if the work you and your Florida estate planning attorney thoughtfully created for your legacy comes under attack from third parties? Who could these third parties be? They could be creditors, business partners, relatives, and even your own children, who do not agree with what you intended, created and planned. So how do you prevent your careful planning from coming under attack and potentially being undone? In fact, could you be headed to a will contest in Florida?

As Florida estate planning attorneys we understand your concerns and know what to do. We would like to share with you some ways to potentially limit the likelihood of a will contest, and ultimately be successful.

  1. Take the time to identify potential complications early and share them with your Florida estate planning attorney if you want to avoid any potential contests in the future. Do you have anyone in your life that you do not want to inherit from you? Do you have business partners or employees who do not want to be included if you are no longer here?  Do you want your business to continue without you? Could you sell your business? Is there anyone in your life, including an adult child, who you absolutely do not want to be making your decisions at the time of your incapacity or death?  
  2. It is very important that you do not risk your Florida estate planning, either in the creation or in the updates or amendments, with a do-it-yourself or internet estate plan! Be aware that there are strict laws to be followed when you want your Florida estate plan to work. While you can read about signing provisions, execution, requirements, notarization requirements, and much more, your best defense to potential legal challenges is the experience of a Florida estate planning attorney who you choose to work with. Your Florida estate planning attorney will understand your goals, your values, what you do and do not want, and will be able to support you both in life as well as at the time of your passing, especially if any challenges arise.
  3. It is acceptable that you consider letting others know your wishes for your legacy. We do have many of our clients choose to keep their Florida estate planning goals and choices confidential, but you do not have to. Communication is key in all situations, especially with the understanding of what you want for your legacy. Letting vital decision makers, and even beneficiaries, know your wishes early may be a critical step in helping them understand why you did or did not make the choices they believed were in their best interest. However, before taking this step, discuss the pros and cons with your Florida estate planning attorney.
  4. Consider trust planning, not just will planning, as a part of your estate plan. Unfortunately, despite much public misinformation, a Florida last will and testament does not avoid the probate process. Instead, the last will and testament ensures that a probate may be needed. Probate is a public proceeding and can give a forum for challenges to your Florida estate plan. With most Florida trust planning, however, the probate process can be avoided, and your trust administration process can be kept private.
  5. Most importantly, it is highly recommended that you hire an experienced Florida estate planning attorney. There is absolutely no substitute for experience in this area. Your Florida estate planning attorney, with years of experience and training, will be able to help you navigate these challenges both while you are creating your Florida estate plan as well as being available for your decision makers in the event of your incapacity or death. Be sure to discuss any and all concerns you have related to potential conflict at the time of your passing with your Florida estate planning attorney so you can receive guidance on what the best course of action is. Secrets, uncertainty, or surprises, in this area do not benefit anyone and in fact can damage your planning if they are not disclosed in full when you meet with your Florida estate planning attorney.

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Protecting Your Digital Assets As Part Of Your Estate Planning

protecting-your-digital-assets-as-part-of-your-estate-planning

Did you know that when you begin creating your comprehensive Florida estate plan that you can include your digital assets? Your digital assets could include a range of electronic records, including everything from social media accounts to digital photos, to email, to online accounts. In addition, have you thought about whether you need to protect your digital assets?  Do you know how to protect them? Part of securing your digital assets may be planning for the future with your Florida estate plan. Did you know that digital assets can be included in your estate planning? The following recommendations may help you know how to include digital assets in your estate plan while, in the meantime, keeping them secure.

The protection and preservation of all your passwords is critical in addressing the security of your digital assets. It can be very difficult to keep track of all of the different passwords you use to access your different accounts on a frequent basis.  One recommendation to help you keep track of your passwords would be to make a written list and keep it in a locked desk drawer, lock box or home safe. Next, we recommend that this list be kept where you can access it frequently for whenever you need to make updates to your list. Another recommendation is that the passwords you choose should be strong and not easily guessed. In addition, it is recommended that you should change your passwords often, even if only once a year. Be vigilant in checking on your digital assets to ensure your passwords have not been compromised. If they have, update them immediately. 

So, is it possible to have your digital assets as part of your estate plan? Yes. There are digital assets that are financial, like a digital Paypal, Venmo, or bitcoin account. Some digital assets are sentimental, like a collection of photographs or videos of your children and grandchildren. We recommend that you have a trusted person who will be able to access these assets after you pass away.  We recommend that you pick a “password person” who can be trusted with your password  information and keep this trusted person informed of where you keep your password list so he or she can access it when the time comes. When working with your Florida estate planning attorney, you may wish to detail who should have access to your digital assets when you create your Florida will, or leave your personal representative instructions in regard to your passwords. 

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Prenuptial Agreements and How They Affect Your Estate Plan

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Are you and your future spouse considering remarriage? As you both look at your assets and your children from former marriages, are you wondering about a prenuptial agreement, but not sure how it would help?  In addition, are you wondering whether you need to look at your Florida estate plan and determine whether a prenuptial would help or hinder your estate plan? These are all good questions to ask, contemplate and find answers before you remarry. Let us share some answers with you.

To begin, a prenuptial agreement is a contract between two parties who intend to marry. This contract will outline exactly what property the parties agree to keep as separate, non-marital property and how that property will be divided in the event of a dissolution of the marriage or the death of a spouse. Now, a prenuptial agreement should not have a negative connotation because entering into a prenuptial agreement does not mean you do not have faith in your upcoming marriage or want to plan for a divorce. Let us share with you two reasons why a prenuptial agreement is important.

  1. The first and main reason to enter into a prenuptial agreement is that then you and your future spouse can outline how your own property will pass when you die if you have children outside the marriage. In most states, if you have a surviving spouse, you cannot leave all of your estate to your children. It does not matter what your will says; the surviving spouse typically can elect to disregard the will and inherit up to one-half of the estate, depending on the state’s laws. A prenuptial agreement governing the distribution of assets can help to ensure that your property passes to your children and your surviving spouse in the proportions that you desire rather than the proportions outlined in your state’s laws.
  2. A second reason for entering into a prenuptial agreement is that you want to dictate to whom you wish to leave valuable assets acquired prior to the marriage. If you do not have a prenuptial agreement, those assets may become part of your estate that can be inherited by your spouse upon your death. If your desire is to leave those assets to someone other than your spouse, your will or trust alone may not be enough because of the rights given to spouses under the laws of most states. Therefore, including that information in a prenuptial agreement can help ensure those assets pass in the way in which you intend.

Most importantly, if you are marrying, or remarrying, we highly recommend that you consult a qualified Florida estate planning attorney. She will be experienced in these issues so that you can be certain you incorporate a prenuptial agreement into your estate planning.

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

3 Ideas for Including a Pet Trust in Your Florida Estate Plan

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Do you have a pet or pets? You know how hard it is when the pet you have loved and cared for and who has been with you for a long time passes away. However, It may be very possible that your pet will outlive you. Are you an aging adult or do you have a pet that has a longer than average lifespan? You may want to consider a pet trust to ensure your pet is cared for after you are gone. We would like to share with you more about a pet trust and give you three A, B, C, thoughts to consider in regard to a pet trust being in your estate plan.

1. Aim for the right caregiver. You know your pet best. When you set up your pet trust, you will be able to name the right person to care for your pet. Now, your adult child may feel it would be his or her responsibility to take your pet. However, your adult child does not have the right circumstances at home to do so, perhaps because of having very young children or already having pets of his or her own. By choosing a different friend or relative you can ease the pressure on your adult child and it gives you the chance to make that choice yourself, rather than having it be decided under stressful circumstances later on.

2. Be sure to provide financial support for your pet. In most states, when you create a pet trust, you are permitted to instruct the trustee, the person in charge of handling the money in the trust, to make distributions to your pet’s caregiver on a monthly or annual basis. This can be done for either the remainder of your pet’s life or for 21 years, whichever is shorter. In some states, the cut-off is simply for the remainder of your pet’s life. This can be an important point if you have a less common type of pet, like a bird or lizard, who could live beyond 21 years after your death because their breed has a longer-than-average lifespan.

3. Comfort of your pet is important. Like many humans, your pet may have special medical needs, or personal preferences. You are allowed to put as many specific instructions as you wish into a pet trust. For example, you can state that the pet needs to see a certain veterinarian, for as long as that person is practicing, or that the pet needs to be seen two, three, or four times per year. You can also leave funds for a more expensive brand of food if your pet needs that brand. This can be important for many pet owners who want their companion to be comfortable after they are gone.

Are you interested in establishing a pet trust? Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Tips for Creating a Loving Legacy for Your Children This Valentine’s Day

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Do you enjoy giving your adult children gifts on Valentine’s Day? Most of us do. This year, though, are you trying to look for a gift that will show them how much you love them and care about their future?

A gift that will show your love and concern for their future can be accomplished in many ways. As we move forward through the month of February and beyond, we would like to share a few ways that you can plan to protect your family and create a loving legacy that will provide for them in the future, especially this Valentine’s Day.

1. Put a plan in place to protect your legacy from long-term care costs. The cost of long-term care for Older Americans is expected to rise. It is, therefore, important that you be prepared now to afford the long-term care that you may need in the future. This is critical so that your spouse and children are not left struggling to find answers or to have to pay the long-term care costs. Floridians must realize that the failure to plan can cost them their goals for the legacy they create for their children.

We encourage you to develop the planning needed with your loved ones and discuss shared goals for long-term care. A vital next step in the development of your plan is to meet and speak to an experienced estate planning attorney. Most estate planning attorneys are also knowledgeable about elder law issues, and will understand your goals and needs and can help you prepare the appropriate planning documents.

2. Planning to retire soon? You can still start right now to leave a legacy for your children. As you consider the legacy you want to leave behind, find out whether retirement will impact your legacy and also how your long-term care plan could be affected.

Retirement can bring you and your loved ones many changes. Creating an estate plan is one of the best ways to ensure that your children have a clear understanding of how you want to use your retirement savings, as well as how you want it to provide for them and their families in the future. This is the way you can begin to create your legacy, which is how you will both protect yourself and your family’s future. Plan now, not later, to create a legacy for your children so that they are protected in the event something happens to you.

3. By creating your planning documents early you can define your legacy and discuss it with your loved ones. Do you want to ensure your loved ones are well taken care of in the event of your passing or sudden incapacity? Create an estate plan! In addition, it is a way to prepare for your own care as you get older. With your estate plan your family will know the legacy that you have created.

We urge you to not be like so many others and put off this type of planning until it is too late. Be very aware that without the ability to make decisions, you cannot be involved in any planning for yourself or create your own documents. By choosing to not move forward with your planning you may leave your family vulnerable in a crisis. Further, it is not enough to simply make your estate plans, your planning needs to be discussed with your loved ones. This will give them the peace to know that you have an estate plan and now they know what you want for the future.

These are just a few of the ways you can plan to protect your family and make the plans you need to provide for them when you are gone. As we reflect on Valentine’s Day and show those in your life the ways you love them, now is the time to get started. Preparation is key to successful planning and to help you accomplish your goals. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Is Protecting Your Digital Assets a Key New Year’s Resolution?

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When you made your New Year’s resolutions did you include understanding how to protect your digital assets? Digital assets are a hot topic and data security is in the headlines.  In addition, digital privacy is on the mind of many Floridians making this month a perfect time to be sure that our digital assets are secure now and in the future, including after we pass on. 

As you create or update your Florida estate plan, did you know that digital assets can be included in your plan? One aspect of securing your digital assets in the future can be accomplished while creating or updating your estate plan. We would like to share some  guidelines that may assist you in understanding how to include digital assets in your estate plan while keeping them secure in the meantime.

A critical first step in addressing the security of your digital assets is to preserve and protect your passwords. Most of us protect our digital assets with passwords. That being said, it is often tough to keep track of all of the different passwords you use to access different accounts on a frequent basis.  In fact, you may have resorted to using a memory or list feature on your computer or on your cell phone to keep track of all your passwords. Saving to some type of device is, unfortunately, not the most secure of practices.  Remember, it is important to choose strong passwords that cannot easily be guessed, and to change them frequently, even if only once a year. Always check frequently to be sure that your passwords have not been compromised. Update them immediately if they have!  We suggest that you keep track of your passwords by making a written list and keeping it in a locked desk drawer or safe deposit box. Wherever you keep this list it should be somewhere you can access frequently, so that you can make updates to the list.

What assets can become part of your estate plan?  Financial digital assets, like a digital Paypal, Venmo, or bitcoin account. Also, sentimental digital assets, like a collection of photographs or videos of your children and grandchildren. With any and all assets like these, someone needs to be able to access these assets after you pass away.  How do you accomplish this?  You may want to consider picking a “password person” who can be trusted with this information and keep him or her informed of where you keep your password list so it can be accessed if and when the time comes. As stated previously, when you create or update your estate plan you may also wish to detail who should have access to your digital assets or leave your personal representative instructions with respect to your passwords. 

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

6 Questions to Ask When You Update Your Estate Plan in the New Year

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The New Year is here and the holidays are coming to an end. As the month of January gets underway, we know many Floridians are focusing on how they will reach the resolutions they set. What are your resolutions? Did you focus on work? Or health? Or family?

No matter what you choose, we want to let you know that one of the most important New Year’s Resolutions you can make this year is to create your Florida estate plan. Your estate plan can protect you both during life and at the time of your death. During your life, you can work with your attorney to create a plan that ensures your choices for your health care and finances are honored by your chosen decision maker. Your attorney will also show you how you can ensure that your family will be provided for when you are no longer here with them.

Already have an estate plan? While this is great news, if you already have a plan in place, time is of the essence to ensure it reflects your wishes for yourself and your loved ones. Many changes can happen within your family, your business, and your finances in a year. It is important to make sure your estate plan remains effective in not only encapsulating the desired future for you and your loved ones, but also has the best tools in place to accomplish those goals.

How do you get started? Let us share six questions to ask yourself and your Florida estate planning attorney as you work on your Florida estate plan in the new year.

1. Should I update my plan if my immediate family members have changed? Yes! When there is a birth, death, divorce, or other life update, you should make it a priority to work with your attorney to determine if your estate plan needs any updates or significant changes.

2. Have the laws changed? This is an important question to ask your attorney. She stays up to date with all the latest information that could impact your legal planning and can make recommendations if your current plan needs to be changed.

3. Am I really unprotected if I do not have a Florida estate plan? You most certainly are. In the event of a crisis or death, there will be no guidance for your family, your bank, your friends, or the court system. When we do not take the time to create an estate plan the court in Florida may be required to in order for there to be legal authority for another to act on your behalf. This can be time consuming, costly, and public, and can be avoided by completing your estate planning while you have the capacity to do so.

4. What does a Florida estate plan really do? A Florida estate plan employs a variety of legal planning tools to address how your assets will be managed and distributed in the event of your death or incapacity, among other things.

5. When should I get started with creating a plan or updating it? As soon as you possibly can. To maximize the potential benefits a Florida estate plan has to offer, it is important to put the plan in place sooner rather than later.

6. What will my Florida estate planning attorney discuss with me? She can discuss with you the importance of lifetime planning using tools such as the durable power of attorney for your finances. She can help you choose your decision maker, as well as back up decision maker, for times of crisis. She can also discuss with you the difference between will based estate planning and trust based estate planning.

We know this article may raise more questions than it answers. We want to help you achieve the New Year’s Resolution of having a Florida estate plan that can meet your needs. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

4 Tips for Reviewing Your Florida Estate Plan During National Estate Planning Awareness Week

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Did you know, during the third week of October every year we focus on National Estate Planning Awareness week? How familiar are you with estate planning in Florida? Did you know estate planning involves putting legal protections in place to help secure a future you want for yourself and your loved ones? Do you have a Florida estate plan right now but need to make sure it reflects what you need?

Many of our potential clients have estate planning that is years out of date. It does not reflect their goals for their:

• Decision makers for finances and health care
• The age or marital status of their children
• Is missing key beneficiaries such as grandchildren
• Does not reflect their disability needs
• Does not represent the legacy they wish to leave

Let us share four tips on how to review your Florida estate plan with your attorney on our blog.

1. Is it from Florida? While this may seem like an unusual question to begin with, your out of state estate plan may not work in Florida. Start by reviewing your plan to make sure that it was written and executed in Florida. After you determine the state of origination, look at the dates. Is it only a few years old? Or older? Laws change over time and you may need to work with your attorney to update it to reflect the current laws.

2. Does it consider your incapacity planning? Incapacity planning allows for considerations such as having someone you have selected assist you if you are unable to make decisions for yourself. The most important tools for incapacity planning include a Florida durable power of attorney, health care planning tools, and living will.

3. Does it reflect your goals for your legacy? Creating a legacy is what most of our potential clients who come to our firm are looking for. While the last will and testament may be the most common legal document for estate planning, there may be more flexibility to create the legacy you want through a trust agreement. What are your goals? Have they changed since you last created your estate plan?

4. Make a list of what you want, now. Your needs met change over time. They may have changed since you last created your Florida estate plan. Go ahead and make a list of what you want, now, and the changes you anticipate you will need to make. You can bring this list to your meeting with your estate planning attorney so that she can help you update your existing Florida estate plan or create a new one to reflect what you need.

Whether you schedule an appointment with our firm during the month of October or anytime throughout the year, our law firm is here to help you. We can guide you through your Florida estate planning options and update your existing plan to ensure it reflects what you want. Please do not hesitate to contact our office today to schedule a meeting with our experienced Florida attorneys.

Planning for a Loved One with Special Needs in Florida During National Special Needs Planning Month

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Do you have a loved one in your family who has a disability? There are many legal considerations you need to discuss with your Florida estate planning attorney if your Florida estate plan needs to include special needs planning for someone who may need more assistance to manage his or her disability. While we know that it may be easier to avoid this estate planning topic due to the potentially difficult future it forces you to face, you simply cannot wait to complete this planning. Instead, you need to be proactive and plan ahead for the long-term future of your loved one with special needs.

One of the biggest issues we see in our practice is that when someone with a disability reaches the age of majority, there are many changes that can take place that the family is often not prepared for. As an example, did you know that if the person with the disability is extremely high on the spectrum or can barely function for him- or herself, a parent no longer has the legal right to make decisions? Without the proper Florida estate planning in place, even your loved one with a significant developmental, cognitive or mental health disability is legally permitted to make decisions at the age of majority.

What should you do as a parent or grandparent of a disabled family member? Plan ahead with an experienced Florida estate planning attorney! After all, for years, you have spoken to the school, to banks, financial institutions, doctors, specialists and so many more for this individual. It does not have to stop, but you do need the legal authority to act. If your disabled family member does not have the requisite capacity to make Florida advanced directives, such as powers of attorney or health care planning documents, you may need to consider creating a guardianship or engage in the guardian advocacy process.

As a guardian of the person and property, or as the guardian advocate, you will be able to maintain the authority to make legal decisions for your special needs loved one. The process of deciding whether or not guardianship is necessary can be difficult. Before speaking with your attorney, evaluate your loved one’s medical, educational, financial, and vocational decision-making skills. In this situation, your loved one may be able to retain specific control over some aspects of his or her life, but you, as the guardian, maintain the rest.

Your attorney with specific expertise in this area can be especially helpful for guidance and decision-making. Your attorney will not only help you with the advanced directives or the guardianship but work with you to ensure that your Florida estate planning is comprehensive and up-to-date. You need to ensure your legacy will provide for your loved one with disabilities should something happen to you. Planning ahead for a future when you are no longer here is extremely important. You do not want the person with disabilities to be left to his or her own defenses, or let the court make decisions through the intestacy process in the probate court.

A special needs trust can be set up for people with disabilities to ensure that money will be available for a person with autism throughout his or her lifetime. It can be used for a special needs beneficiary while not interrupting his or her ability to receive public benefits, such as Medicaid or Supplemental Security Income. We can help you both understand this process and complete the Florida estate planning you need.

You know as well as we do that people with disabilities deserve the best planning possible. The key to success with all Florida estate planning is to prepare and take action early. We encourage you to contact our office now, or anytime throughout the year, to schedule an appointment and start planning.