Estate Planning
Estate planning is the process of taking the steps necessary to designate who you want to assist you in your affairs and who you would like to receive your property after you pass away. Estate plans can be simple or complex, and they change as you experience changes in your life—a young, single person has different needs than an aging, divorced parent. Without an estate plan, a guardianship may be required if you are unable to manage your affairs, and your property will pass according to your state’s intestacy laws. Forming a coherent, comprehensive estate plan is critical to help avoid family conflict during very stressful times—by clearly expressing your wishes, your family (and the courts) know what you wanted.
The most common estate planning documents almost everyone needs are a Last Will and Testament (commonly referred to as a Will), Durable Power of Attorney, Designation of Health Care Surrogate, and Living Will. Older people and parents of young children will also benefit from a Declaration of Preneed Guardian for themselves or their children. Those with more advanced planning needs may also want or need a trust.
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Wills
A Will is used to specify who should receive your property after you pass away, and parents of young children can also specify who they would like to serve as guardians of their children.
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Trusts
Trusts can be used for a variety of reasons, such as to avoid the need for probate, to make distributions to a loved one over time, for tax planning, and to ensure continued qualification for public benefits like Medicaid.
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Power of Attorney
A Power of Attorney grants another person the ability to make specific decisions on your behalf. These can be very broad or limited based on your wants and needs, and they can remain in effect even if you no longer have the ability to manage your own affairs.
Other Estate Planning Documents & Services
Living Will
A living will is a document in which you specify what life-prolonging treatment you do or do not want if you are incapacitated while dying from a terminal condition, end-stage condition, or are in a persistent vegetative state. A terminal condition is one that doctors know will kill you, such as advanced-stage cancer, while an end-stage condition is where you likely suffered an injury or illness and have progressively gotten worse to the point doctors agree you will not live much longer but they are not sure what, exactly, will cause your death. Your treating physician and another physician have to agree on your condition and the likelihood of your recovery before they will look to the document in regard to your wishes.
In this document, you also state whether you want artificially administered food and water, respiration, and resuscitation, and you designate who you would like to serve as the person to make sure your end-of-life health care wishes are carried out, called your surrogate. If you want to ensure your living will is truly accurate to your wishes, reach out to a living will attorney.
Declaration of Preneed Guardian
In the event you are unable to care for yourself, either physically or financially, you likely have a preference as to who you would like to serve as your guardian. Likewise, parents of young children probably have strong feelings about who should care for their children in the event they are unable. A declaration of preneed guardian lets you specify who should serve as your guardian if you become incapacitated or guardian of your minor children if you become incapacitated or die.
While parents of minor children can also nominate a guardian for their children in their will, a nomination in a will only takes effect if the parent dies, not if they become incapacitated. For parents, a declaration of preneed guardian for minor children covers more scenarios and helps ensure your wishes are respected.
Health Care Surrogate Designation
Most people have a preference for who they would like to make health care decisions for them if they are unable to do so themselves. A health care surrogate designation is a document that lets you express this preference and name backups if the initial designated person is unable or unwilling to assist you. This document also lets your surrogate access your medical records to help make informed decisions about your care. In Florida, you can nominate any competent adult to serve as your health care surrogate.
To the extent you are able to understand, your surrogate has to keep you informed of the decisions made on your behalf, and your surrogate has to make any decision about your care according to your known wishes about what treatment you want. Also, if you are able to advocate for your own care, your surrogate cannot override your decisions about health care in the event you disagree—your doctor still needs to listen to you first.
In Florida, you can elect to have a health care surrogate designation take effect as soon as you execute it or only after your doctor has determined you are unable to make informed decisions on your own.
Home & Hospital Visits
We believe it is important to provide estate planning services to people in any situation. We also understand that not everyone who needs estate planning is mobile and able to come to the office. For clients that are homebound or staying in a hospital, nursing home, or other facility, we can come to you, both for consultations and to execute your documents. This ensures you have an attorney available to go over the documents with you and notarize them wherever you are.
Please note this is considered a separate service and subject to a flat fee based on the location of the visit.
Schedule a Free Consultation
Please reach out to Michael Merhar, a Gainesville estate planning attorney, to schedule a free consultation if you would like assistance crafting an estate plan tailored to your individual needs.