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An advance directive is a written statement which expresses a person’s wishes in advance in the event of diminished capacity. Through the use of advance directives, individuals can avoid guardianships, which are more costly and intrusive than other elder care options. Advance Directives include the use of a number of legal approaches to authorize consent to manage your affairs when you have become incapable of doing so for yourself. Elder care is becoming more of an issue these days with people living longer while remaining disabled. The following are tools used in Advance Directives for elder care.
A durable power of attorney authorizes the agent the power to act for the principle who has become disabled or is mentally or physically unable to enact important decisions. Under common law, people’s power to act for themselves would be revoked upon incapacity. With a durable power of attorney, your attorney-in-fact can carry out your wishes and in this way your power remains in force. A durable power of attorney authorizes your attorney-in-fact to deal with financial issues, which are mainly money and property.
A healthcare surrogate has power of attorney to make essential health care decisions and to authorize consent for medical and healthcare treatment.
A living will is the expression of an individuals wishes in the event of their passing. Stipulations may include specifying what type of medical or life-sustaining treatments are desired in the event of terminal or serious illness. A living will is not only beneficial for the executor, but also the family. Knowing what the loved one’s wishes were and that they were followed relieves the family or caretaker from worrying about whether they made the correct decisions after a loved one has passed.
A pre-need designation of guardian designates who will be the guardian should the need for a guardian ever arise.
BEST LAW, PLLC is well equipped to handle all facets of advanced directives, as we will assist and advise you so that the numerous pitfalls and problems associated with wills, trusts, estate issues, and probate are avoided.
BEST LAW, PLLC has extensive experience in assisting Lakeland, Winter Haven, Bartow, Polk County, and Central Florida residents and visitors who require professional Advanced Healthcare Directive and Estate Planning Attorney legal services.
Schedule a consultation today, call 863-333-0568 or contact us online.