Elder Care Law
The aging population and longer life spans have led to a new area of law in recent years. Elder care law is focused on the specific needs and rights of older citizens. A major area of elder care law revolves around the medical care and treatment of seniors to help ensure their quality of life through the end of their lives.
Health care directives, which determine a course of action and responsible parties for taking care of an elder citizen’s health care needs, constitute a large segment of elder care law. As people mature and grow old, they often need others to make decisions for them regarding their health, their living situation, or their finances. Another large segment of elder care law covers responsibilities such as managing finances through living trusts and making decisions for elder citizens using a power of attorney.
Elder care law also offers protections for those citizens who are being cared for in nursing home facilities, state hospitals, or other institutions. When no family is available to assist a senior citizen, their case is often referred to the courts where guardians can be appointed to manage their affairs and ensure their quality of life.
Elder care law is an evolving field of study with growing numbers of attorneys focused on the area.
Estate Planning Essential Documents
When you are preparing a will or trust to administer your estate upon death, every person should consider implementing the following legal documents to ensure that your affairs are properly handled during your lifetime when you are preparing for your estate planning in Jacksonville.
Durable Power of Attorney
This document would appoint another person, known as an “attorney-in-fact”, to make business, financial and legal decisions for you in the event that you are incapacitated or otherwise unable to act. A Durable Power of Attorney can reduce or eliminate the need and cost needed to secure a court-appointed guardian to manage your affairs in the event you should become unable to handle them yourself.
Designation of Health Care Surrogate
This document allows you to appoint another person, known as your health care surrogate, to make medical decisions for you in the event you are incapacitated or otherwise unable to consent to medical treatment.
Living Will
This document provides your health care surrogate and health care binding instructions concerning the circumstances in which life-prolonging medical procedures which provide no curative benefit may be withheld or withdrawn.
Declaration of Preneed Guardian
This document allows you to appoint who will serve as your guardian in the unlikely event your affairs cannot be properly administered by your attorney-in-fact and health care surrogate.
Contact the Law Offices of Todd Watson, P.A. today for legal assistance in dealing with wills, trusts, and other matters of estate litigation in Jacksonville, Florida.
Estate Planning in Jacksonville
Essential Lifetime Documents for Florida Estate Planning
When estate planning, in addition to a trust or will to administer your estate upon death, every person should consider completing these following legal documents to guarantee that your affairs are handled properly during your lifetime.
- Durable Power of Attorney (for financial matters)
- Designation of Health Care Surrogate
- Living Will
- Declaration of Preneed Guardian
Durable Power of Attorney
This document appoints another individual, known as your “attorney-in-fact”, to make business, financial and legal decisions for you in the event you are incapacitated or otherwise unable to act. A Durable Power of Attorney can reduce or eliminate the need and cost incurred to secure a court-appointed guardian to manage your affairs in the event you should become permanently or temporarily incapacitated.
Designation of Health Care Surrogate
This document enables you to appoint another individual known as your health care surrogate, to make medical decisions for you in the event you are incapacitated or otherwise unable to consent to medical treatment.
Living Will
This document is essential for anyone who takes estate planning in Jacksonville seriously. It provides a health care surrogate for you, as well as health care binding instructions concerning the circumstances in which life-prolonging medical procedures which provide no curative benefit may be withheld or withdrawn.
Declaration of Preneed Guardian
This document enables you to appoint who will serve as your guardian in the unlikely event your affairs cannot be properly administered by your attorney-in-fact and health care surrogate.
Contact Todd Watson of the Jacksonville estate planning law firm to further discuss the significance of each of these important legal documents, and how to tailor them to fit your personal needs.
At what age should you start thinking about estate planning?
At what age should you start thinking about estate planning?
People interested in developing an asset protection plan with an estate planning attorney are sometimes unsure at what age the process should begin. A lot of people think they are not old enough to need an estate plan. Unfortunately some unexpected occurrences happen and it’s always good to be prepared.
There is no "right" age to begin considering the development of an estate plan. Everyone over the age of 18 should consider established an estate plan to monitor their assets, especially those who are married and are starting or have started a family. Whether you’re 22 years old with $100 to your name or 50 years old with many more assets, it’s important to consider estate planning as an option for you.
Typically, the older a person gets the more he or she begins to think about estate planning prior to death. However, death can come at any age, and it’s important that you are prepared, sooner rather than later.
Estate planning is a good idea for people who want to control where their assets end up after they pass away. No matter how old you are or what you own, it’s never too early to start thinking about where you would like to see your assets go, whether it’s to a spouse, sibling, friend, child or charity.
It's also very important to know the benefits of using an estate planning attorney that is experienced, handles multiple plans, and stays current with the laws. If you would like more information about estate planning, contact our Chicago attorneys wherever you are located. We’re here to help.
Sawyier & Williams
205 North Michigan Avenue, Suite 2600
Chicago, IL 60601
Phone: 888-213-9120
San Francisco Elder Abuse Settlement
Doe, C.P.A., Former Trustee, was Decedent's trusted friend whom she had known since he was a boy and lived across the street from her. Decedent had no children of her own and named Doe as the trustee of her trust. After decedent moved to a rest home, Doe looted her trust of $300,000. Attorney brought suit to remove and replace Doe as trustee, as well as for fraud, conversion and financial elder abuse. At trial, Doe contended that he had properly used his power under the trust to make investments in his own internet start-up which ultimately failed.  After the trial, the court awarded judgment against Doe in the full amount of $300,000, plus $30,000 punitive damages, plus interest, attorneys' fees and costs. Attorneys have successfully collected over $300,000 thus far. This was the first financial elder abuse trial in San Francisco County. If you need an elder abuse or probate attorney in San Francisco contact the law firm of Michael B. Bassi.
