Discovering Your Estate Planning Options
Jacksonville Estate Planning Attorneys
Often we do not consider
estate planning until the later stages in life. However, regardless of a person's
age and current situation, he or she should consider estate planning and
develop those documents necessary to cover all possibilities and provide
peace of mind. Estate planning can involve much more than just drafting
a last will and testament, which will determine how your assets will be
distributed upon your death. It may also involve drafting documents which
insure that your affairs are taken care of in the event you are incapacitated.
For example, a durable power of attorney will allow you to appoint one
person or multiple persons to handle your affairs. You may choose to appoint
alternates as well in the event the first person or person is unable or
refuses to act on your behalf. At Owenby Law, P.A., our Jacksonville estate
planning lawyers can help you create a durable of attorney that reflects
your specific needs.
Durable powers of attorney can:
- Be immediately effective, or only effective upon your incapacity.
- Cover your financial affairs and only remains effective during your life.
Upon your death, said document becomes null and void.
Wish to explore your options? Call (904) 770-3141 for an initial consultation.
Why Do You Need a Living Will & Health Care Surrogate?
A durable power of attorney does not however cover your health or medical
care issues. For that, a living will and health care surrogate will be
required. A living will indicates what situations you wish to receive
medical treatment, for example, whether or not you wish to remain on life
support if you are in a vegetative state. This document generally allows
you to specify which situations you wish to be provided life sustaining
care and in which situations you do not.
A health care surrogate actually appoints a person or persons to make decisions
on your medical treatment in the event you are unable to do so.
You may appoint:
- One person or multiple people
- Alternates in the event your first choice is unable to act on your behalf
Now, due to privacy laws in the medical field, often the health care surrogate
may not be provided access to your medical records without a HIPPA release,
and without those records he or she may not be able to make the proper
determinations regarding your medical care. For that reason, your health
care surrogate should also be provided a HIPPA release to allow him or
her to view your medical records.
The Benefits of Wills & Testaments
The most common estate planning document, however, is the last will and
This document will allow you to:
- Appoint an executor or personal representative to handle your affairs upon
- Determine how your assets shall be distributed upon your death.
- Appoint a guardian or guardians for minor children in such a situation
If you are married and or have minor children, there are restrictions on
your distribution but these situations should be discussed with your attorney
prior to drafting your
last will and testament. While many people do not wish to consider death, it is generally in everyone's
best interest to plan ahead and make sure all situations are covered.
No one knows what tomorrow will bring and by having your estate planned,
you will have peace of mind that you and your loved ones are covered for
every situation possible. Call our
Jacksonville elder law lawyers for more information!
To begin planning your estate, please give us a call as soon as possible.