The main focus of an elder law attorney is to provide legal services for the elderly or disabled in the areas of Estate Planning, Medicaid Planning, and Tax Preparation. Many elder law considerations, however, apply to people of all ages, which can be better known by consulting a Florida elder law attorney.
These topics may include designating someone to make healthcare decisions for you, memorializing your end of life care and designating someone to make your financial decisions if you cannot. In other words, the main focus of elder law is putting a plan in place for your care when you can no longer handle your own affairs. We all know, however, that even young and healthy people can be stricken by an accident or a devastating illness and become unable to manage their own lives.
What happens then? The solution is to have a plan in place and individuals you can trust to help you if the worst happens.
Fortunately, there are documents called advance directives that authorize trusted individuals to take over your care when you can longer manage on your own.
McDonald Lawfirm, Elder Law Attorneys Call 561-623-3615 for questions or to request a consultation.
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How We Can Help
It is never too early to start planning with an elder law attorney in Florida about how your estate is going to be handled after you pass away.
It is better to create a plan now with an experienced elder care attorney in Florida and make changes later, rather than wait until it is too late.
Knowing you have a plan in place that is in accordance with your wishes will give you and your family peace of mind.
Create your plan with an experienced, educated and seasoned elder care attorney in Florida.
Marshall McDonald has over 30 years of experience as an estate planning attorney, CPA, and elder law attorney. Marshall will look at the big picture of your life and estate planning goals and work with you to create a plan that suits your needs.
Documents Required For Elder Law Health
Designation Of Healthcare Surrogate
A Designation of Healthcare Surrogate (sometimes also known as a Healthcare Proxy or Healthcare Power of Attorney) authorizes a trusted individual to make healthcare decisions for you if you cannot. It is an uncomfortable subject for most people, but the reality is that many of us will reach a point where we can no longer make medical decisions for ourselves. If you become unable to give informed consent your Healthcare Surrogate (the person authorized by your Designation of Healthcare Surrogate) will make the decisions regarding your care and advise your doctors and hospital staff what you want – and do not want – for your healthcare. Your Healthcare Surrogate is also authorized by your Designation of Healthcare Surrogate to enforce your Living Will, which document memorializes your end of life care. For a sample Healthcare Surrogate Form,
Durable Power Of Attorney
A Durable Power of Attorney authorizes a trusted person or persons to make financial decisions on your behalf. Many people believe that a Durable Power of Attorney is activated only after their incapacity. A Durable Power of Attorney can be used from the moment it is signed. This very powerful document should be carefully drafted and reviewed only by a competent elder care attorney in Florida prior to its execution. In addition, recent changes in the Durable Power of Attorney law (in 2011 and 2013) have completely revamped the form and content of the Durable Power of Attorney. For additional information about the Durable Power of Attorney Form, you can consult our Florida elder law attorney.
Living Will Attorney
Sometimes people are confused about the difference between a Living Will and a Will. They are two completely different documents and address two completely different needs. A Will (also known as a Last Will and Testament) is your written direction for the distribution of your possessions after you pass away A Living Will is a set of directions regarding your end of life healthcare. A Living Will is activated when you are unable to give informed consent and (1) are in a coma, (2) are terminally ill, or (3) have an end-stage condition that would result in your death if left untreated. In the State of Florida, a physician must examine you and determine that you are unable to give informed consent AND that one of the above three conditions has been met before your Living Will is activated. Your Living Will is your direction to withhold or give life-prolonging procedures when there is no hope that you will recover from your incapacity and terminal illness. Many times people ask whether a Living Will directs that patients not receive pain medication or other treatments to alleviate suffering. The answer is that people with a Living Will in place do receive treatments as necessary to alleviate pain and suffering. However, the set of instructions in your Living Will dictates whether you want to receive chemotherapy, radiation treatments, experimental surgery and other procedures that would serve only to prolong your life, not cure you. You can choose which procedures you do or do not want and die with dignity. Your Healthcare Surrogate will direct hospitals and physicians to enforce the terms of your Living Will. Your Living Will gives you and your Surrogate peace of mind regarding your end of life care.For a sample Living Will form,