What if You Become Incapacitated?
Legal Documents to Guide Your Loved Ones' Decisions
Estate planning is not only about what happens after you die. The Charles Law Offices can draft the documents that make your wishes known if you are unable to manage your own affairs due to an illness, accident, or dementia.
Susan M. Charles is an experienced estate planning attorney serving people in the Tampa Bay area. She takes the time to understand your desires and make sure that your estate plan will have detailed provisions allowing family members or trusted friends to act on your behalf. Call our Largo law firm for a free consultation at 866.607.6531.
AV Preeminent* rated, Master of Laws in Elder Law, member of the National Academy of Elder Law Attorneys (NAELA), member of the Academy of Florida Elder Law Attorneys (AFELA)
Durable Powers of Attorney
A power of attorney enables your spouse, adult child, or trusted family friend to make decisions and engage in transactions relating to your business and financial affairs. So long as actions are in your best interests and for your benefit, the attorney-in-fact can be authorized to:
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Pay bills and spend funds from designated accounts
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Invest money and enter contracts
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Sell, lease, or mortgage property
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Take Medicaid planning actions
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Apply for government aid
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File tax returns
Powers of attorney can be as broad or limited as you wish, and can be transferred immediately or upon the event of your incapacity. Springing powers of attorney expire if you regain your health and faculties.
Advance Directives (Living Wills)
We are all familiar with Terry Schiavo — the woman who was the center of the Florida case that touched off a nationwide debate about the important decisions that need to be made before it is too late. An advance directive, or living will, becomes effective when two doctors agree that a patient is terminal, end-stage, or in a persistent vegetative state.
This document tells doctors and loved ones exactly what you want, avoiding family fights and legal wrangling. It makes your wishes known regarding end-of-life care: tube feeding and hydration, artificial respiration, and "heroic measures" to resuscitate or keep you alive. You can approve some procedures and nix others.
Health Care Surrogate
This document appoints a person or succession of persons to make medical decisions on your behalf if you are hospitalized and unable to communicate your wishes. Your surrogate can authorize (or decline) surgery, medication, or your transfer to or from health care facilities, including nursing homes. We include a HIPAA release so that your surrogate has access to your medical records and the ability to consult with your physicians.
Pre-Need Guardianship Appointment
If you became incapacitated, who would take over the care of your person and your property? Without naming a pre-need guardian, you could become the center of a family tug-of-war and could possibly have a third party who has never met you become your legal guardian.
Susan Charles walks you through all the scenarios, including situations you may not have considered. Contact us today for a free initial consultation.
Offices in Clearwater - Largo - St. Petersburg
*AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.
