Durable Power of Attorney 

The most common type is a durable power of attorney. With these documents, a person is designated as an agent to make medical and financial decisions for the incapacitated individual. A durable power of attorney remains effective until it is revoked by the principal, if they have the mental capacity, the court, or a court-appointed guardian. A durable power of attorney can also include an expiration date and the document is no longer effective after this date.

Medical Power of Attorney 

As the name suggests, a medical power of attorney gives another person the authority to make healthcare decisions on your behalf. No one can predict the future and a situation may arise when you are unable to make decisions for yourself. For example, if you are in a coma after a car accident, your agent named in a healthcare power of attorney can make decisions regarding the treatment you will or will not receive. You can also write down your medical wishes to ensure they are respected and to relieve the burden on your family.

Limited or Special Power of Attorney 

A limited or special power of attorney gives your agent authority over specific and restricted matters. For example, you may have a successful business but you have to leave the country for personal reasons for an extended amount of time. A limited power of attorney can give your agent the authority to make decisions and run the business on your behalf while you are away. However, if you become incapacitate during your lifetime, this is not the power of attorney to be used.

Our Advance Directive Attorney in St. Petersburg Can Explain Your Options 

Drafting a power of attorney can help protect you and your family, but there are many different types available. At Legacy Protection Lawyers, LLP, our St. Petersburg advance directive attorney can outline your options, help you determine which one is right for you, and ensure your plan is executed properly so your wishes are respected. Call us today at 727-471-5868 or fill out our online form to request a consultation and to get more information.

Source:

flsenate.gov/laws/statutes/2010/709.08

What are the Advantages of a DPOA? 

A DPOA is a very important tool and drafting one has many benefits such as the following:

• Cost-effective: Drafting a DPOA is a relatively straightforward process. It is also quite inexpensive. If you become incapacitated, having a DPOA in place can help you avoid the high costs of court or a guardian being designated to control your affairs.
• Retain control: If you do not have a DPOA and become incapacitated, the court has the authority to appoint a guardian for you, which may be someone you would not have chosen. In a DPOA, you can decide who to appoint as your agent, making sure it is someone you feel trust. You can also specify the level of the power you are giving the agent, furthering allowing you to retain control.
• Accountability: To ensure that abuse does not occur, you can also include instructions that require your agent to record all transactions and provide accounting. This ensures that your agent is held accountable.
• Flexibility: It is possible to draft a DPOA that includes specific or general powers, making sure that it fits your custom needs. For instance, you may give your agent the power to pay bills, control your real property, or handle your tax filings.

What are the Limitations of a DPOA? 

While there are many advantages associated with durable powers of attorney, there are some limitations or drawbacks, as well. These include:

• Abuse: The biggest drawback to a DPOA is that there is always the possibility that your agent will abuse the power you give them. Your agent may abuse their power, which could result in real financial loss for you. To avoid this, it is critical to choose someone you trust implicitly and know will act in your best interests.
• Lack of legal oversight: The fact that the court does not oversee DPOAs is both an advantage and a disadvantage. Although it can ensure there are no delays, it can also work against you if your agent does not act in your best interests.
• Terminated upon death: A DPOA is only effective during your lifetime. Upon your death, the agent no longer has authority to handle any legal or financial decisions.  Due to this, it is essential that you also draft a will, trust, and other estate planning documents when drafting a DPOA because you can then appoint who does handle such matters upon your death.

Our Advance Directive Lawyer in St. Petersburg Can Draft Your DPOA 

At Legacy Protection Lawyers, LLP, our St. Petersburg advance directive lawyer understands the complexities of drafting a DPOA and estate plan. We can provide the legal advice you need to ensure you have a comprehensive plan that will protect you and your loved ones today, and in the future. Call us now at 727-471-5868 or contact us online to request a consultation and to learn more about how we can help.

Source:

flsenate.gov/laws/statutes/2010/709.08

What is a Power of Attorney? 

A power of attorney in Florida is a legal document used to give someone you trust the authority to act on your behalf in legal, financial, and other matters. The document states that your agent can make decisions for you and take certain actions on your behalf. Powers of attorney are generally used to manage property and finances, as well as health care decisions if you ever become ill or incapacitated and cannot make decisions and take actions on your own behalf.

The powers given to your agent can be broad or limited, depending on the document. Limited and durable powers of attorney are most common in Florida, but there are other types, as well. Powers of attorney are also not entirely limited to illness and incapacitation, either. For example, if you are traveling out of the country, you can draft a power of attorney that gives someone else the authority to conduct a real estate transaction for you.

What is a Guardianship? 

A guardianship in Florida is a legal process in which the court appoints someone, known as the guardian, to make decisions for someone else, the ward, who is considered incapacitated and is unable to care of themselves or their property. Guardianship can apply to development disabilities, minors, and individuals with certain medical conditions, such as dementia.

Unlike a power of attorney, establishing and maintaining guardianship is a court-supervised process. Not only does the court appoint a guardian, but the guardian must also regularly report to the court regarding the guardianship.

The process is only used as a last resort after less restrictive options, such as a power of attorney, have been used. Guardianship can be voluntary, such as when an individual is not incapacitated but they ask the court to appoint a guardian for the property. Involuntary guardianship occurs when the court determines a person is incapacitated and appoints a guardian for them.

Our Advance Directive Lawyer in St. Petersburg Can Advise On Your Case 

There are many different types of estate planning tools that can ensure you are protected and that your final wishes are fulfilled. At Legacy Protection Lawyers, LLP, our St. Petersburg advance directive lawyers will listen to your goals, advise on the documents best suited for your estate plan and execute them properly so your legacy is protected. Call us today at 727-471-5868 or contact us online to schedule a consultation and to learn more about how we can help with your case.

Source:

flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Guardianship

Healthcare Surrogate 

A healthcare surrogate is a legal document that designates one or more people to make healthcare decisions on your behalf if you are unable to. These documents are sometimes also referred to as a ‘healthcare power of attorney,’ but it is important not to confuse them with a ‘durable power of attorney,’ which ensures your finances, not your healthcare, are handled.

A healthcare surrogate will not allow someone to act on your behalf while you still have mental capacity. It also does not allow them to overrule your preferences. It only becomes effective when your healthcare providers have determined that you are medically incapacitated. Mental incapacitation can result from the following:

• General anesthesia is required due to surgery
• Substance abuse or rehabilitation has caused temporary incapacity
• You suffer from a chronic condition that causes cognitive decline, such as Alzheimer’s disease or another form of dementia
• You suffer from a chronic condition that interferes with your ability to communicate, such as stroke, Parkinson’s Disease, or aphasia
• Another physical incapacity, such as unconsciousness

Living Will 

The majority of people prefer to include a living will in their estate planning documents. A living will states the life-saving medical treatment you do or do not want to receive. This can include if you are in a permanent vegetative state, are terminally ill, or have an end-of-life condition that is irreversible and that two or more doctors agree there is no reason to hope that you will recover. Your living will can provide your healthcare surrogate with guidance, relieving them of the burden of having to decide whether to start, continue, or terminate treatment to save your life.

DNR Orders 

Do Not Resuscitate (DNR) orders specifically state that you do not want aggressive or invasive life-saving treatment. The purpose of these documents is to prioritize your quality of life over the duration of your life. These documents are not drafted by your attorney. Instead, these documents are signed by you and your doctor. If a DNR is created after you lose mental capacity, your healthcare surrogate can sign this document on your behalf.

Our Advance Directive Lawyer in St. Petersburg Can Draft Your Documents 

Advance directives are an important part of many estate plans but like other documents, they must be executed properly in order for them to be effective. At Legacy Protection Lawyers, LLP, our St. Petersburg advance directive lawyer can draft your important documents and ensure they are enforced in the event that you ever need them. Call us now at 727-471-5868 or contact us online to schedule a consultation and to learn more about how we can help.

Advantages of a Durable Power of Attorney 

Creating a durable power of attorney has many benefits. These include:

• Cost-effectiveness: Establishing a durable power of attorney is fairly straightforward. It is also inexpensive, particularly when compared with the cost of going to court if there are disputes or a need to appoint a conservator in the event of incapacitation.
• Retain decision-making power: First, you have the control to appoint whom you’d like to be your power of attorney. Second, you have the ability to control the authority given to your and provide him or her on how to act in your best interests.
• Flexibility: You can customize your durable power of attorney to include specific or general powers, even if you are not incapacitated. For example, you may have a rental property but need to leave the country for a period of time. Your durable power of attorney can handle the collection of rent and other tasks while you are away.
• Accountability: You can hold your durable power of attorney accountable by including certain provisions within the document, such as that they provide accounting or that they are bonded.

Drawbacks of a Durable Power of Attorney 

While a durable power of attorney has many benefits, there are also some drawbacks. These are as follows:

• Potential for abuse: The potential for abuse is one of the biggest drawbacks of a durable power of attorney, which is why it is important to pick a person you trust. The individual you designated could cause financial loss if they misuse their power. Additionally, there is no court oversight, which is a benefit but also means there is no automatic oversight that can prevent abuse.
• Acceptance challenges: If your financial institution believes the durable power of attorney is invalid or outdated, they may not accept it. This brings a layer of uncertainty with these legal documents.
• Ineffective upon death: A durable power of attorney will only outline who has the authority to make decisions on your behalf during your lifetime. If you pass away, they are no longer effective. As such, they do not replace a will or trust.

Our Advance Directive Lawyer in St. Petersburg Can Help with Your Durable Power of Attorney 

Due to the fact that there are some disadvantages that can come with a durable power of attorney, it is critical that you work with a St. Petersburg advance directive lawyer who can help you avoid them. At Legacy Protection Lawyers, LLP, our experienced attorneys can draft your power of attorney to ensure it provides the intended protection in the event that you ever need it. Call us today at 727-471-5868 or contact us online to schedule a consultation and to get more information.

Source:

flsenate.gov/laws/statutes/2010/709.08

What is a Health Care Surrogate? 

A health care surrogate, also known as a health care power of attorney, is a person who will have the authority to make healthcare decisions on your behalf in the event that you ever become incapacitated. The agent you appoint in your health care surrogate designation document will then step in to make sure that any health care decisions made on your behalf align with your wishes, beliefs, and values.

Reduce the Strain on Your Family 

If there is ever a time when you become incapacitated, your family members may have to make medical decisions for you. This makes a difficult time even more challenging. If your family members disagree about the care you should receive, it can lead to conflict. By designating a health care surrogate, you can help your loved ones avoid these disputes by making your wishes known.

Preserve Your Personal Values 

Many people have their own religious and personal values when it comes to the health care they receive. For example, people with certain religious beliefs may not want to receive a blood transfusion, or a person may have strong beliefs about their diet and avoid certain foods. A health care surrogate can ensure that your beliefs are conveyed and that you do not receive any medical treatment you do not want.

Ensure Continuity of Care 

If you ever become incapacitated, decisions about the medical care you receive may be made by people who are not aware of your wishes. By designating a health care surrogate, you ensure that you will receive continuity of care that is in line with your medical wishes, whether it involves surgeries, life support, or other important health care decisions.

Complement Other Estate Planning Tools 

A health care surrogate document will work with other estate planning tools, such as a living will. Although a living will outlines instructions for medical treatment in specific circumstances, a document designating your health care surrogate will provide more flexibility in addressing unforeseen situations. This gives your health care surrogate the authority to make decisions based on the changing medical landscape.

Our Advance Directive Lawyer in St. Petersburg Can Draft Your Documents 

Advance directives such as health care surrogates are important estate planning tools. Still, they can only work as intended when they are executed properly. At Legacy Protection Lawyers, LLP, our St. Petersburg advance directive lawyer can ensure that your documents are drafted properly so you and your wishes are fully protected. Call us now at 727-471-5868 or contact us online to schedule a consultation and to learn more about how we can help with your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0765/Sections/0765.401.html

Your power of attorney gives you the opportunity to plan ahead and designate someone to act on your behalf in the event that you become incapacitated. If you do not prepare for this type of event, you may not understand the implications it may have on your life and the effects on your loved ones. Below, our St. Petersburg advance directive lawyer outlines the consequences of not having a POA.

Court Will Be Necessary 

If you are ever unable to manage your assets and make decisions for yourself, there will be no one who has the legal authority to handle these matters. Your family members will have to appear in court and petition a judge to appoint a legal guardian for you. Depending on the court’s schedule, this can take several weeks. While they wait for court approval, your home and other personal property are not maintained. Additionally, the legal costs and filing fees of court proceedings are high. This can be avoided if you sign a durable power of attorney document while you have the capacity to do so.

The Potential for Disputes to Arise 

In most cases, the courts will appoint a guardian within a few weeks, but this could take much longer if a dispute arises. If many interested parties want to act as guardian, there is an even greater chance of a dispute arising. Typically, the court will schedule a hearing to determine which petition should be approved and ultimately, who should act as your agent. This will increase the time it takes for a guardian to be appointed and it could even take many months.

You Will Have No Say 

Even if a guardian is appointed to manage your property, this person will not have any direction from you. Guardians typically have general authority over their ward. However, with a power of attorney, you can outline specific instructions about how you want your assets and other affairs managed. With a power of attorney you can allow or require your agent to sell property if necessary to pay for your medical care, make investments, and retain the help of financial experts who can help with high net worth estates.

Our Advance Directive Lawyer in St. Petersburg Can Draft Your POA 

Drafting a power of attorney is important, but it is also only effective if it is drafted properly. At Legacy Protection Lawyers, our St. Petersburg advance directive lawyer will make sure all of your estate planning documents are executed properly so you and your future is protected. Call us now at 727-471-5868 or contact us online to schedule a consultation and to get the legal help you need.

Source:

flsenate.gov/laws/statutes/2010/709.08

If you become ill or are in an accident and you become incapacitated, your POA may be removed. However, you can create something known as a durable power of attorney (DPOA), which allows your agent to continue acting on your behalf even if you become incapacitated. Below, our St. Petersburg advance directive lawyer outlines the biggest benefits of these important documents.

Avoid Confusion and Uncertainty 

Once a DPOA has been created, it will help you avoid a lot of uncertainty and confusion. Families often do not know what to do after a loved one becomes incapacitated and disputes can arise regarding the best way to handle the estate, and the situation. By appointing a DPOA, you can help your family avoid this scenario and your agent can continue acting on your behalf and in your best interest, as they did before.

Protecting Your True Intentions 

Of course, a DPOA does not only protect your family, but it also protects you, as well. When you appoint someone as your DPOA, you will likely appoint someone with certain knowledge and skills. For example, you may appoint someone with a financial or legal background. You may also give your agent very specific instructions on the potential actions you want them to take in the future. If you become incapacitated, your agent will be better able to protect your true intentions because you have hand picked them to do just that.

Protect Certain Assets 

Asset protection is another big benefit of creating a DPOA. Through a DPOA, you can also protect certain assets from being used, particularly if you need long-term care in the future or suddenly have healthcare needs that are very costly to treat. Additional steps need to be taken to properly protect assets but with the right tools, a DPOA can make sure that specific assets are only used in certain ways, even if you become sick or are in an accident.

Our Advance Directive Lawyer in St. Petersburg Can Help with Your DPOA 

A durable power of attorney has many benefits but to ensure they provide the protection you need, it is critical to speak to a St. Petersburg advance directive lawyer. At Legacy Protection Lawyers, LLP, our experienced attorneys can advise on your case and include the most important documents you need within your estate plan, including a DPOA. Call us now at 727-471-5868 or contact us online to schedule a consultation and to learn more about how we can help you create a complete plan.

Source:

flsenate.gov/laws/statutes/2010/709.08

You Should Update Your DPOA Every Ten Years 

You should update your DPOA every ten years for many reasons. The first is that the laws change and when they do, it could significantly impact the validity of your current DPOA. Financial institutions may also not enforce an older DPOA as quickly as they would comply with a newer document which can ultimately delay having your bills paid and decisions made for you. Updating your DPOA every ten years will also give you the opportunity to review your named agent and determine whether you still want that person to act in that role. If the forms have changed, reviewing it every ten years will give you the chance to recognize that change and have it updated.

You Should Fully Trust Your Agent 

It should go without saying that you should have complete trust in the person you name as your agent, or the person who will act on your behalf. This is such an important point, though, it bears mentioning. If the person is not trustworthy, they could essentially have the power to steal from you and make decisions that are not in your best interest.

An Experienced Advance Directive Lawyer Should Create Your DPOA 

While you may be able to find an online form or know an attorney who does not practice in estate planning, you should always only trust an experienced advance directive lawyer to create your DPOA. This document is one of the most important in your entire estate plan, so it should only be left to a professional who is familiar with the laws and how to draft these documents.

Aging Couples Should Name Alternates to Each Other 

It is natural for spouses to want to name each other as their first acting agents. After all, spouses often trust each other implicitly and want to care for each other. However, as couples age they should name someone else, such as their children, to serve as an alternate in case their spouse is no longer able to serve in this role. The reason for this is that as your spouse ages with you, your spouse may also no longer have the capacity to make sound decisions for you. For example, a person who suffers from dementia should not be making decisions for another person. As such, it is important to name someone else as an alternate agent in the event that your spouse is unable to serve.

Our Advance Directive Lawyers in St. Petersburg Can Help with Your DPOA 

If you need to create a DPOA, our St. Petersburg advance directive lawyers at Legacy Protection Lawyers, LLP can draft a document that addresses all of your concerns and future wishes. Call us now at 727-471-5868 or connect with us online to schedule a consultation and to learn more.

Source:

flsenate.gov/laws/statutes/2010/709.08

Florida Courts Reject Family’s Request to Compel Mayo Clinic to Administer Unapproved COVID-19 Treatment

During the COVID-19 pandemic, many families have found themselves in the position of having to withdraw life-sustaining care on behalf of family members with no reasonable hope of survival. But there have also been a number of lawsuits arising from a slightly different scenario: Family members who insist a terminal COVID patient be given treatment that doctors consider medically unsound and dangerous.

The Florida First District Court of Appeal recently addressed such a case. In Pisano v. Mayo Clinic Florida, a COVID patient was admitted to the Mayo Clinic in Jacksonville last December. Within a week, the patient was in a medically induced coma and placed on a ventilator in the intensive care unit. Mayo doctors determined the patient’s chance of survival was less than 5 percent.

Not satisfied with this diagnosis, the patient’s wife and son–who were also his attorneys-in-fact to make health care decisions, demanded the Mayo Clinic administer an alternative course of treatment proposed by an outside doctor. This proposed course included a number of vitamins and drugs including ivermectin, which is used to treat certain parasitic and skin conditions. Ivermectin is not, however, approved by the FDA for use as a COVID-19 treatment and in fact the agency has issued a warning against such usage.

The Mayo Clinic refused to administer the proposed treatment, citing the FDA’s guidance and internal clinic policies. The attorneys-in-fact then filed a lawsuit in Florida circuit court, asking a judge to order the clinic to provide the ivermectin-based treatment. The petitioners cited Florida’s probate rules governing “expedited judicial intervention concerning medical treatment procedures” as authority for their request.

The judge denied the petition and the First District affirmed. As the appellate court explained, the probate rule was adopted in direct response to the Florida Supreme Court’s Browning decision. But that case “does not, and cannot, create a substantive right upon which a patient may base such a petition.” More to the point, the Court said there was nothing in Florida law that required a doctor or medical clinic to provide a certain course of treatment to a patient “against their medical judgment or perceived ethics.”

Speak with a Florida Estate Planning Attorney Today

End-of-life health care decisions almost always present a difficult situation for everyone involved. That is why it is important to make your own wishes known before the need arises. If you need advice from a qualified St. Petersburg advance directive lawyer, contact Legacy Protection Lawyers, LLP, today to schedule an initial consultation.

Source:

scholar.google.com/scholar_case?case=6259272482988592321