What are Advance Directives?

The Advance Directives are used to plan for the rest of your life. This is stage 1 in any Estate Plan. The Advance Directives answer the question, Who will take care of you for the rest of your life? Advance Directives include: a HEALTH CARE SURROGATE and LIVING WILL designate an individual to direct your medical care under directions in the documents and giving guidance through a Health Care Workbook; and a PRE-NEED GUARDIAN designates an individual to be your Guardian if that is ever required for your protection; or if you have minor children; a PRE-NEED GUARDIAN FOR MINORS which designates an individual to be your minor children's Guardian if both parent pass away.

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What if I do not have Advance Directives?

If you do not have Advance Directives, your AIF may make health care or end of life decisions if and only if your Power of Attorney specifically set forth those powers. The medical profession is comfortable with Advance Directives and understand them.

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What if I do not have Advance Directives?

If your loved one does not have Advance Directives and their Power of Attorney fails to specifically set forth powers for health care or end of life decisions then the Florida Legislature has enacted a Health Care Proxy statute. The law allows certain individuals to make health care decisions in the absence of written authorization when and only when the person can no longer make health care decisions for themselves. The determination of capacity is done by two doctors. The statute sets up a priority list of who may act under this type of situation. The proxy must base their decisions on what they believe the patient would decide for themselves.

It is always better to have Advance Directives in place and to let the person you are relying on know what you desire in the way of medical care and treatment. Without Advance Directives a Guardianship case might need to be commenced.

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What is a BASIC ESTATE PLAN?

A basic estate plan consists of a number of documents: Advance Directives, Durable Power of Attorney and Will/Trust.

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What is a Health Care Surrogate?

A Health Care Surrogate is known in many states as a Health Care Power of Attorney. A Health Care Surrogate is a written document in which you designate someone to make your health care decisions if you become incapacitated. When you have a Health Care Surrogate along with our Health Care Workbook, your personal and private wishes are respected.

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What is a Living Will?

A Living Will is a written document in which you designate someone to advocate for your wishes concerning withholding or withdrawing life-prolonging procedures if you are incapacitated and suffering from a terminal condition or vegitative state. When you have a Living Will along with our Health Care Workbook, your personal and private wishes are respected.

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What is a Pre-Need Guardian?

A Pre-Need Guardian is a written document in which you designate someone to become your guardian, if you ever become incapacitated. A Court is bound to appoint the person named in the Pre-Need Guardian, especially when the document is filed with the Clerk of Court.

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What is a Pre-Need Guardian for a minor?

A Pre-Need Guardian for a minor is a written document in which you designate someone to become your children's guardian, if you ever become incapacitated. A Court is bound to appoint the person named in the Pre-Need Guardian for a minor, especially when the document is filed with the Clerk of Court. This document, generally, will not deny a natural parent their right to be a custodian. See our Library Book - Estate Planning for Parents with Minor Children.

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What is ELDER LAW ?

Elder law is a relatively new area of the law which focuses on a variety of legal issues which face the elderly and which interact with one another. Some of these areas are Medicaid, nursing home regulations, estate planning, insurance coverages and elder abuse.

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