When an estate is subject to probate, the entire process can get more difficult than expected. Heirs and beneficiaries can have disputes, and the process can become public, so people can minimize what assets are actually probated, if any.

Trusts can avoid probate but can also be problematic since they must be administered.

Certain steps can be taken to avoid probate through designation of beneficiaries or some type of joint ownership, which transfers ownership from a deceased party to the living through other means.

Bank accounts usually have two ways to avoid probate: joint ownership (by the entireties-Husband & Wife or with right of survivorship) or designated beneficiaries (or In Trust For, Transfer on Death, Payable on death, etc.). If a person owns a bank account jointly with another person when they pass away, the other person will assume ownership of the account. The same applies if a person owns account but has a beneficiary designation through their financial institution. The foregoing can often be referred to as “payable or transfer on death.” However, if an individual customer designates a beneficiary who is no longer able to assume ownership of the account due to either death or incapacity then the said account may be subject to probate or a legal guardianship.

The same rules of bank accounts apply to insurance policy benefits. Any applicable benefits of medical or life insurance policies will transfer without being subject to probate so long as beneficiaries have been properly designated.

Like bank accounts and insurance policies, an individual’s financial investment accounts can have a beneficiary designation as well.

Further, an important aspect of estate planning those individuals or clients need to understand is that accounts which have a beneficiary designation will generally supersede any language written in a Last Will & Testament. If a person has a beneficiary designation for an IRA through the account/institution itself, any bequest or distribution in one’s Will for the same account will be considered invalid.

The right to survivorship prevents a home (homestead or primary residence) and other properties from being subject to probate if there is a surviving spouse at the time the estate is executed. The previously mentioned means one’s home will remain in one’s spouse’s name without having to go through probate.

If property or assets do not specify the proper ownership language, then it is possible that the deceased party’s portion of the property may be subject to probate. In that case, a co-owner or spouse keeps their part or interest of the property, but the deceased’s portion may need to be probated and end up in the hands of another party.

If one’s spouse predeceases them and the survivor never remarries, then the entire property may be subject to probate unless it is transferred or distributed through a trust or other vehicle or designation.

As for real property, if a married couple wants to transfer the said real estate without need of probate to, for example, their children, the Remaindermen, a Lady bird deed may be the appropriate vehicle to convey the property after the death of the last spouse. A lady bird deed in Florida is a legal form that transfers property upon death inexpensively and without probate. A lady bird deed allows the current property owner to use and control the property during the owner’s lifetime, while the property automatically transfers upon death to designated beneficiaries/Remaindermen. The document or instrument is somewhat like a designation of beneficiary on real property.

It would merit speaking with an experienced estate planning attorney to review applicable documents to ensure a person takes advantage of these alternate methods of avoiding probate.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI, in Miami Lakes, Florida.

The Florida legislature revamped its Florida’s Power of Attorney law, which became effective on October 1, 2011, and imposed many new requirements. A Power of Attorney is a document in which a person (the “Principal”) designates another individual to act on that Principal’s behalf (the “Agent”). Florida law provides the option to create a “Durable” Power of Attorney, which is still effective even if the said Principal becomes incapacitated, thereby reducing the potential need for a court-appointed legal Guardian.

Florida statute 709.2120(5) states that a bank, or business, cannot unreasonably reject a Power of Attorney. An Agent looking to enforce a Power of Attorney against a bank, which has unreasonably rejected the Power of Attorney, can be awarded costs and attorney’s fees for legal action taken to confirm the document’s validity. A bank which rejects a Power of Attorney does so at its own peril.

A bank must accept or reject a Power of Attorney within four (4) days (excluding weekends and legal holidays). Additionally, the bank may not require that their own Power of Attorney form be used if the one presented to them is valid and has proper authority or provisions for the Agent to conduct banking transactions.

A bank may reject a Power of Attorney if it is not correctly executed. A Power of Attorney is properly executed if signed by the Principal in the presence of two (2) Witnesses before a Notary Public under Florida Statute Section 709.21405. Furthermore, Section 709.2106(5), shows that copies are just as effective as the original Power of Attorney document. Therefore, a bank should NOT require an original document.

Generally, a regular Power of Attorney becomes invalid once the Principal becomes incapacitated. Florida Statute section 709.2104 allows a Power of Attorney to be durable (remain effective if the Principal becomes incapacitated) if it says: “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes”.

If a bank rejects a Power of Attorney because it was not properly executed or it is not durable and the principal lacks capacity, then the said bank or institution has a valid reason to do so.

However, the following actions can be initiated if the subject document is properly executed and has the required durable language, but the bank still refuses to honor it.

Florida Statute 709.2119 and 709.2120 allows actions a bank may take to ensure a Power of Attorney is valid and reliable. It also outlines the consequences for failure to accept and honor a valid Power of Attorney.

Since banks have a responsibility to protect people’s (its customer’s) finances, they may question a Power of Attorney.

Banks, which are presented with a Power f Attorney for the first time, may exercise great caution in reviewing said document for authenticity, and to ensure said instrument was not later revoked by the Principal or one who signed it. While the banks are protected from liability in the state of Florida if the Power of Attorney appears in all respects to be valid, the bank may be compelled to replace stolen funds when it accepted an obviously revoked or fraudulent instrument. With this protection from liability, Florida law requires banks to honor a Power of Attorney presented to it.

Should a Florida bank nevertheless refuse to honor a Power of Attorney, the bank, again, has only four (4) days to provide a written reason for the rejection. Florida banks may legally reject Powers of Attorney on several bases, including, a belief that an elderly person is being subjected to physical or financial abuse by the Agent presenting the Power of Attorney, the bank has requested a lawyer’s opinion or Affidavit from the Agent, but not received one, the bank is aware that the said Agent has had their authority revoked, or the bank believes in good faith that the Power of Attorney is not valid or does not grant, by it’s terms or provisions, the authority that the said Agent is attempting to exercise.

If a bank denies a Power of Attorney, they must state the reason or reasons in writing and provide that to the Agent. The bank also has the right to request an opinion of counsel from the Agent upon providing a written explanation of the reason for the request. The bank may also require the Agent to provide an Affidavit explaining that the Principal has not died, revoked, or suspended the subject Power of Attorney.

If the readers have any questions or concerns regarding the foregoing topic, please contact the Elder Law Dept. of CASERTA & SPIRITI. Our attorneys are experienced in dealing with Florida banks regarding Powers of Attorney. We can send an inquiry to the bank’s legal department to ensure a proper legal basis is provided in writing for rejection or advocate on the Agent’s behalf to ensure the bank accepts the subject Power of Attorney.

With the passage of time, increasingly more aspects of daily life move online. The emergence of the recent pandemic has only accelerated that trend. One can work from home, go on virtual tours to various destinations, or even take classes from the comfort of one’s home or dorm room. To extrapolate, it is unsurprising that there is an emerging trend for virtual estate planning in Florida as well as most other states across the nation.

Estate planning that operates from a website or using web based tools primarily, also known as  online estate planning or Do It Yourself estate planning,  offers an alternative or complement to traditional estate planning with a lawyer.  There are now various online legal tech companies, which offer products that allow an individual to prepare a Last Will & Testament as well as other legal documents on their own, without necessarily hiring an attorney.

As an estate planning tool, the way online planning works is that, for a specified fee, a person receives digital access to templates for common estate planning documents, such as Last Wills, Living Trusts, and Healthcare Directives, among others. The templates are claimed to be state specific, designed to comply with or follow the laws of each state. Consequently, a virtual planning platform might offer one document template for Florida, another for New York, California, Pennsylvania, etc. However, not every service makes all their forms available for use in every state.

As part of the process, the planning software asks for one’s basic identifying information and estate planning goals, along with information more specific to the form one is creating. When preparing a Last Will, a person will describe their estate planning assets in Florida and elsewhere as well as their designated beneficiaries and identify persons to serve as the Florida Personal Representative (or Executor) and alternate, if any.  Once the customer information has been inputted, the software populates editable fields within the template. If everything works as intended, an individual will supposedly end up with a legally valid document that becomes effective after it has been printed out, signed, and properly witnessed, and notarized in accordance with Florida law (or the laws of whichever state is applicable).

Importantly, virtual estate planning is usually limited to document preparation. The software cannot provide legal advice or represent a person in a probate proceeding in Florida or elsewhere.  Therefore, for the concept to work correctly, a person needs to already have a fairly good grasp of what they are trying to accomplish and the basic approach they want to take.

Web based preparation of legal documents is by no means restricted to estate planning. Online legal tech companies also offer numerous business related forms such as articles of incorporation, partnership agreements, and operating agreements for LLCs in Florida and elsewhere.  HOWEVER, the personal nature of estate planning, and the widespread popular need for estate planning documents have led to rapid growth in the number of people planning their estates online. In turn, the proliferation has fueled concern among some legal professionals.

 

The primary selling points of online estate planning are that the process is convenient and cheaper than hiring a locally licensed lawyer. Online legal tech companies boast that they can help the public prepare a Last Will for less than a private attorney. An individual may have a challenging time finding a lawyer who can draw up a Will for them that cheaply. HOWEVER, a Legal Services/Legal Insurance Plan can provide a member the personal or individualized touch of a local lawyer with the competitive rates as the online services. In fact, some Legal Insurance or Legal Services Plans even pay for a basic estate plan involving no tax planning as well as business documents and other specified legal services. Therefore, one has the best of both worlds.

Specifically, there are basically four (4) major types of legal plans offered: document provider, as discussed above, where people create their own paperwork; discount legal plans where people receive discounted hourly rates for legal services through screened attorneys;  Employee Assistance Programs (EAP) where members have an initial free consultation and additional legal services can be provided at a discounted rate, and Legal Insurance Plans where members pay a set premium and receive services from a Plan attorney, and many, if not most, services are paid by the Plan (whether it is with an in house attorney or participating outside third party attorney).   Many of these Plans can be a benefit one gets from their employer, or they can purchase a plan individually whether as an independent member or as a retiree.

Considering that many consumers or potential clients simply cannot afford to hire a lawyer, the importance of price should not be ignored. When the choice is between using templates provided by a credible online platform or having no help at all, virtual planning is a choice for many people. A better option, however, may be to join a Legal Services/Legal Insurance Plan that directs a member to participating attorneys and the member gets legal services for a discounted rate or the Plan may pay for the services in their entirety. These Plan Attorneys can also provide services remotely with the use of telephone, email, and other internet services.

Efficiency and convenience are also noteworthy advantages of online estate planning or the use of Legal Services/Legal Insurance Plan attorneys. By using a service that one can access from home or work on their own time, one can avoid the need to take time off from work or otherwise disrupt their schedule to meet with a lawyer. Therefore, after the necessary information is supplied, the appropriate documents are created, so the overall process takes less time and may be more convenient.

As stated, the convenience of pre-built online templates comes with a loss of personalization. Most online templates cannot be customized beyond the user-populated fields. If the form is perfectly suited to one’s circumstances, that may not be a problem. However, every person’s situation is different. If a person has an unconventional family structure, large or complex estate, or any other situation not contemplated by the template, the said individual might not be able, on their own, to tailor the documents to do what they really require or need.

When a person collaborates directly with a capable attorney, they can discuss their individual circumstances, needs, concerns, and goals. Experienced attorneys can draft provisions customized to one’s particular situation and are also more familiar with the idiosyncrasies of state law that can cause potential estate planning headaches. Web based software is much less likely to identify and address these state specific statutes that might affect only a minority of their users. Therefore, the use of a Legal Services/Legal Insurance Plan Attorney comes in to promote convenience without sacrificing the personal attention, skill, and experience of a local attorney.

 If you should have any additional questions or would like to discuss your situation, concerns, and needs, please contact an attorney at Caserta & Spiriti. The firm participates with about fifteen (15) different Legal Services/Legal Insurance Plans.

Whether you are involved in an auto accident with a Phantom vehicle, Uninsured vehicle, unknown Hit & Run, a vehicle and driver with No Bodily Injury Liability (BI) coverage or a vehicle or driver with Not enough BI coverage, you need Uninsured Motorist (UM) coverage.

If you are forced off the road or cut off by a turning vehicle that keeps going and no impact occurs, an unknown phantom vehicle has caused your accident. A phantom vehicle is one that never hits you but causes you to take evasive action leading to a crash with property damage and/or injuries to you or to any passengers in your vehicle. When the phantom vehicle is never identified, who pays for your injuries and damages to your car?

Accidents involving phantom or unknown hit & run vehicles require prompt and careful investigation. Many times, eyewitness testimony is critical to verify the details of what you may or may not have seen yourself. These cases may even require an accident reconstruction expert to verify that what you and the witnesses say happened, reasonably occurred in that manner.

Your own automobile policy is your only opportunity for paying the medical bills incurred in said accident as well as any pain and suffering sustained in an accident caused by a phantom or unknow hit & run vehicle. One’s own No Fault or Personal Injury Protection (PIP) coverage will pay your medical bills under Florida No-Fault Automobile law. Collision coverage in your auto policy will pay for the damages to your vehicle. If you are injured, your bodily injury claim (pain, suffering, disability, lost ability to work) would need to be recovered under an Uninsured Motorist Coverage

(UM) on your automobile policy.
 
Most auto insurance policies will have a specific definition for what is a phantom vehicle under the terms of the policy. You will have to prove you were injured by a phantom vehicle that falls within the description in your policy.

The same can be said regarding accidents involving an at fault vehicle, which is uninsured as well as and an unknown Hit & Run vehicle.

A slightly different scenario exists if the responsible third party or other vehicle has the minimum coverage required by Florida law, which is PD Liability and PIP coverages. Those coverages will take care of that driver’s own medical bills (i.e., PIP) and it will take care of your Property Damages claim (i.e., damage to your vehicle that said driver caused-PD Liability).

Finally, there is the situation where you sustain significant injuries and the at fault other vehicle merely has a minimum $10,000.00 BI coverage, which is insufficient to cover your claim. If you have UM coverage, and the other party offers it policy limits, following required procedures under Florida law & under your own automobile policy, your UM becomes UIM or Underinsured Motorist coverage and can be stacked on top of the at fault party’s BI policy limits. An example would be if you have $10,000 in UM/UIM coverage, and the at fault other party has $10,000 BI coverage, you could potentially recover $20,000.00.

One cannot adequately emphasize the importance of having UM on your automobile policy. When shopping for insurance directly or through an Agent, you must clarify and itemize the coverages since the term “Full Coverage” has a different meaning among the consuming public and the insurance industry. Usually, the insurance industry says “full” to mean what is required by state law and in Florida that means only PIP & PD Liability coverages, & that’s it! You must itemize the coverages you want and inquire as to their cost. UM coverage can protect you from the multitude of drivers and vehicles on Florida’s roadways that have minimal or no insurance or are unknown phantom or hit & run vehicles.

If there are any additional QUESTIONS regarding the foregoing matters, contact or call the Attorneys at CASERTA & SPIRITI before an unfortunate and unexpected accident occurs!!

An Estate Plan should reflect your circumstances in life. Consequently, it may need to be revised from time to time. Estate Planning is the process of predicting and organizing, during a person’s life, for the management and disposal of that person’s estate during their lifetime, in the event of incapacity and after death. As for the latter aspect, it is also the process of creating or establishing a legally binding plan for what will happen to your estate, i.e., the payment of taxes and expenses as well as distributing assets such as real property, money, personal belongings, etc., after your death. An Estate Plan is customized to everyone’s particular or individual needs, circumstances, or situations. Planning can be done using wills, trusts, insurance policies and other instruments. It will change alongside changed circumstances or after significant life events.

You may need to change or update your current or prior Estate Plan after one or more of the following significant life events.

After getting married or remarried and you have someone new in your life, you will want to include or at least consider them in your Estate Plan. If you have a new spouse or a long-term partner who you want to be included in your Estate Plan, you will need to add them yourself. Make sure to do this modification sooner rather than later.

After divorcing, it may seem obvious that you would no longer want all or any of your assets to be distributed to your ex-spouse. Certain matters may be reworked by law or statute, but if you want your ex-spouse properly removed from your Estate Plan, you should actually do it and revise your plan accordingly to avoid unintentional outcomes or surviving family members having to deal with uncomfortable consequences later.

After having a child through birth, adoption, or marriage, adding a new child to your family is always a significant event. After you have added a new child, make sure to add them to your Estate Plan as well. This is especially important for blended families when adding stepchildren, if applicable.

After relocating to another state or country, one must consider that Estate Planning rules may vary from state to state and certainly in foreign countries. If you have recently moved to or from Florida, you want to work with an Estate Planning attorney experienced in that state or country to update your prior Estate Planning to be valid in your new state or country. 

After a substantial financial change, whether you win the lottery or file bankruptcy or any other significant change, it is important to change your Estate Plan after the size of your estate has been substantially altered. If you have recently had a positive financial change, then more Estate Planning opportunities may be available to you. If your finances have taken a dive, make sure to change your Estate Plan to protect your future.

If you need assistance in Florida when redoing, revising, orupdating your Estate Plan, please contact one of the attorneys of CASERTA & SPIRITI at your earliest convenience. We have many years of experience with Florida Estate Planning and can assist you in making the appropriate changes which are best suited for your current circumstances.

As far as Estate Planning and the Probate context, if you have been named to manage money or property for someone else, as an Agent under some type of Power of Attorney or as a Personal Representative or Executor under a Will or as a Trustee of a Trust, you are a fiduciary. The law requires you to manage the money and property of your principal, deceased testator, or trustor for their or the beneficiaries’ benefit, not yours.  Specifically, a fiduciary duty is a duty to act in the interest of another individual with respect to certain transactions, even above one’s own interest. A fiduciary is obligated to act in good faith and to act with care and loyalty toward those to whom they owe fiduciary duties. Fiduciaries are those who volunteer to perform certain duties or tasks for another.  It is voluntary since no one can be forced to serve others or be a fiduciary.  Even if named, listed, or nominated under a Will, power of attorney, etc., one does NOT have to serve.  If you don’t want to serve as such, then you can decline.  Fiduciaries are entitled to reasonable compensation and reimbursement of costs expended unless the document states otherwise.

A breach of fiduciary duty occurs when an agent, etc., fails to act responsibly in the best interests of a principal or beneficiary.

Usually, a breach of a fiduciary duty is classified as an intentional tort. As such, only civil claims can be brought under this cause of action. Depending on the grievances or violations committed, such a fiduciary may also be subject to criminal charges because of their breach.

It does not matter if you are managing a significant sum of money or a small amount.  It does not matter if you are a family member or not.  The role of a fiduciary carries legal responsibilities.  When you act as a fiduciary, there are at least four basic duties that you must keep in mind:

            1. Act only in your principal’s or beneficiary’s best interests;

            2. Manage money, assets, and property carefully;

            3. Keep the subject money, assets and property separate from yours; and

            4. Keep good records.

However, even if there is a loss, if the fiduciary acted prudently, he or she may not have breached their duty.

As a fiduciary, you must be trustworthy, honest, and act in good faith. If you do not meet these standards, you could be removed as a fiduciary, sued, or must repay money. It is even possible that law enforcement could investigate you, and you might face criminal sanctions.

COSEQUENTLY, if you are to become a fiduciary as stated above or are in fact one, it is paramount to realize and acknowledge that it’s not your money, property, or assets, and you must act in the best interests of others!  If you have any questions regarding a fiduciary’s duties, please call the law office of CASERTA & SPIRITI to discuss your situation and concerns about ensuring that the fiduciary understands and has the tools to fulfill or comply with the obligations as such.

Accidents that occur either while residing, traveling or vacationing in Florida can lead to serious injuries. In addition to auto crashes, bicycle or motorcycle or scooter accidents and boating incidents, tourists’ and/or residents’ injuries can result from negligence arising from premises related as well as other causes:

• Swimming pool accidents.
• Amusement Park accidents.
• Hotel/motel/Airbnb injuries.
• Parasailing/parakiting/bungee jumping/hang gliding/skydiving injuries.
• Festival and concert injuries.
• Trade show and convention injuries.
• Sexual assaults and other violent or criminal attacks as well as Negligent Security.

There are a few things that can and should be done, if able, immediately after an incident to preserve evidence and improve the possibility of recovering full financial compensation for losses sustained. These include, but are not limited to:

• Seeking immediate medical attention(i.e., ambulance/rescue, hospital/urgent care, doctor).
• Reporting the incident to local police and/or premises owner/operator/manager.
• Documenting the scene with photos/videos and/or obtaining surveillance videos.
• Collecting/gathering witness information (names, phone or cell numbers and addresses of people who saw the incident).
• Contacting an Attorney and seeking legal representation.

Before visiting or traveling through Florida, if there are any additional QUESTIONS regarding the foregoing matters, contact or call the Attorneys at CASERTA & SPIRITI before an unfortunate and unexpected accident occurs!!

Divorce has a strong impact on an estate plan in Florida. Under Fla. Statute Section 732.507(2), a provision of a Last Will and Testament affecting a spouse will become void upon divorce. Section 736.1105, which is part of the Florida Trust Code, DOES THE SAME FOR TRUST PROVISONS.  Consequently, for example, a man listed his spouse as the sole beneficiary of a valid Last Will and Testament. Upon divorce and the husband’s subsequent death, the surviving ex-spouse will no longer qualify as a beneficiary under his Last Will and Testament. In fact, under these circumstances, a probate court would treat the distribution of the ex-husband’s assets as though they should pass if the ex-spouse had predeceased. Basically, a divorce generally has the effect of not allowing an ex-spouse to inherit from his or her ex. However, it is always strongly recommended that everyone update their estate plan after significant life events such as a divorce. Therefore, if an individual has gone through a divorce, it would be beneficial as well as recommended to meet with an estate planning attorney to ensure his or her assets pass to whomever they wish upon their death.

As for other assets –Section 732.703, entitled “Effect of divorce, dissolution, or invalidity of marriage on disposition of certain assets at death,” provides that former spouse’s interest in the following types of accounts will be nullified on divorce automatically:

• life insurance
• qualified annuity, or other similar tax-deferred contract held within an employee benefit plan
• employee benefit plan.
• individual retirement account described in s. 408 or s. 408A of the Internal Revenue Code of 1986
• payable-on-death account.
• security or other account registered in a transfer-on-death form.
• life insurance policy, annuity, or other similar contract that is not held within an employee benefit plan or a tax-qualified retirement account.

The foregoing rules do not apply if the divorce decree/final judgment in dissolution of marriage or marital settlement agreement provides otherwise.  In addition, if the account is governed by ERISA (Employee Retirement Income Security Act), which is a Federal employee benefit statute, Florida law does not apply.  Florida law has attempted to make the effect of divorce on an estate plan what the majority of ex-spouses would want to have happen, i.e., to cancel the right to inherit of the former spouse.

Please call an Attorney at CASERTA & SPIRITI to discuss your situation, concerns and needs.

Rental Reimbursement coverage is relatively inexpensive and convenient when you need it. Quite often, after an accident caused by another driver, there may be a delay of days or sometimes weeks before their insurance company can be ascertained, and then, that carrier must be given an opportunity to investigate the incident to determine liability and whether they accept responsibility for the crash.  Frequently, the other driver fails to report the crash, or said driver does not have an insurance card at the scene of the accident or are driving someone else’s motor vehicle and does not know the owner’s insurance company. On various occasions, the responsible driver has no insurance, or it was cancelled prior to the accident. These and other situations may delay having the driver’s insurance company provide you, the innocent party, a rental car, or not provide one at all.

In an accident, if you do not exchange sufficient information with the other driver or vehicle, awaiting a police report for said information may take weeks or even a month.

Further, if you have an accident with a driver of a rental vehicle, the Rental company must investigate first if the driver had separate coverage or purchased coverage from the Rental company and must investigate the accident to determine liability as well.  All this takes time!

Having rental coverage allows you to get a car without paying out of pocket and it avoids a major annoyance as well as difficulty for you. The coverage has a minimal cost, probably less than $15-$20 every six months and is definitely worth the expense.

For any additional QUESTIONS regarding the various automobile insurance coverages, contact your insurance agent or call an Attorney at CASERTA & SPIRITI before an accident occurs!!

Florida law gives competent adults the right to make decisions regarding their own healthcare. They can choose which treatments they want and even refuse medical care completely if they so desire. However, when they are unable to make these decisions on their own due to incapacity, an advanced directive called a Living Will can ensure that their future healthcare wishes are followed.

What is a Living Will?

Unlike a Last Will & Testament, which directs the distribution of assets in an estate or legal transfer of ownership of the same after death, a Living Will protects an individual (and their loved ones) during their lifetime.

The unfortunate reality is that critical healthcare decisions are often made at a time when a patient is mentally incapacitated, unconscious, or otherwise unable to direct their own medical providers, and failure to provide advance instructions can create difficulties for the individual and/or their loved ones.

With a Living Will, one is able to:

• Specify their wishes or desires about any life-prolonging treatment.
• Appoint a healthcare surrogate to make medical decisions for them.
• Name an alternate healthcare surrogate if the original choice is unwilling or unable to act when the time comes.

By taking time to plan now, individuals can spare their loved ones any unnecessary stress, avoid decisions that are contrary to their wishes, and make sure that their care is overseen by someone they choose.

How Do You Obtain a Living Will?

In Florida, Living Wills must be signed in the presence of two witnesses, at least one of whom is not the signer’s or maker’s spouse or a blood relative. If the maker is physically unable to sign the Living Will, one of the witnesses can sign in the presence of and at the direction of the maker. Even though an individual is not legally required to prepare the documents with an attorney’s assistance, there are several advantages to doing so, namely the fact that an experienced estate planning attorney will ensure that all possible scenarios are covered and any critical questions are answered. Once a Living Will has been drawn up and executed, it should be accessible to those who may need it in the future, such as the primary and/or alternate healthcare surrogates, a primary care physician, and possibly the attorney, who can ensure that the right parties get it if necessary. One should also keep a copy in a safe place and carry a card indicating that he or she has a living will and where it can be found.