We all need someone to look after us and care for us when we become part of the eldery population. We also need to take care of our spouses, our children, and our loved ones, when we have passed away. Looking to, and preparing for our future is in a…
Articles Posted in Durable Power of Attorney
The New Florida Power of Attorney Act
The Florida law governing powers of attorney and similar instruments is found in Chapter 709 of the Florida Statutes. The Florida legislature on May 4, 2011 voted to pass Senate Bill 670 which significantly revised Chapter 709. A. Generally A power of attorney is a writing that grants authority to…
Don’t Die Without Securing Your Estate Planning Documents
Florida residents be advised, not only is it important to consult with a Neptune Beach Estate Planning Attorney about having your Will, Trust, Power of Attorney and other legal documents prepared, but you must make your beneficiaries and heirs aware that they exist. Keeping your important legal, real estate, motor…
What is a Florida Guardian?
A Florida guardian is a surrogate decision-maker appointed by the court to make personal and/or financial decisions for a minor-child or for an adult with mental and/or physical disabilities. After the court has found that a person requires a Florida Guardian, they are referred to as a “ward.” Florida Statutes…
Securing Your Assets and Health
According to the United States Census Bureau, the state of Florida has the highest Population Change and Net Migration of any other state, from the years 1975-2000. As is common knowledge, the baby-boomer generation is growing into retirement age, which increases the likelihood of periods of disability. There are two…
New Florida Law for Durable Powers of Attorney
In a Bill supported by the Banks, you will no longer be able to obtain Springing Powers of Attorney in Florida. In addition, not only will you be required to have two witnesses sign in your presence like with a Florida Will or Florida Revocable Trust but you will also…
Domestic Partners: Don’t wait until illness or incapacity strikes.
No one wants to plan for their future, especially when the planning involves a future which may not include you. Jacksonville Beach Estate Planning Attorneys will tell you to prepare your legal documents while you are healthy, and not when you become ill or disabled. There are numerous documents which…
Plan for Your Potential Incapacity in Florida
One important aspect of the estate planning process is determining what will happen if one day you become incapacitated. The decisions that you make on a day to day basis will no longer be possible, therefore you will be required to rely on someone else to make these decisions for…
Power of Attorney Dangers – License to Steal
A couple was recently charged with theft and elder abuse for taking money from their elderly parents, under authority of a power of attorney to pay for personal expenses. These included vacations, plane tickets, lodging and meals. Matthew D. Gardner an Iowa Estate Planning Lawyer wrote about this case and…
Abuse of Florida Durable Power of Attorney
Recently we have begun seeing more cases involving agents who abuse their power of attorney in order to benefit themselves. Most people do not realize that once they have become an agent for an individual, their duty is to act in the best interest of the individual and not for…