It’s not easy to think about a time when you might be unable to make decisions about your life and finances, but if you plan for the possibility now, you’ll be able to face the future with better peace of mind. Your Tampa, FL estate planning lawyer can help you create the documents you need to protect your wishes and give direction to your loved ones.
Legal Tools to Plan for Incapacity
Incapacity can arise very suddenly, and, without preparation, the people closest to you may lack the power to pay your bills, authorize treatment, or manage your property even when they know exactly what you’d want and have your best interests at heart. You can give them the tools they need with some of the following documents:
Durable Powers of Attorney
A durable power of attorney gives control over your financial and legal matters to someone you trust when you can no longer manage them yourself. You designate an agent to handle tasks ranging from writing checks and filing taxes to selling real estate or accessing retirement accounts. You execute this document while you’re fully capable, and you may grant as broad or as limited powers as you like, depending on how much discretion you wish to provide.
Many people name a spouse or adult child as their primary agent and designate an alternate in case the first choice becomes unavailable, but always talk over your choice with your lawyer and consider carefully whether the chosen individual has the financial literacy and temperament to handle complex matters under stress.
Health Care Directives
There are two complementary advance directives that together allow you to both appoint a decision-maker on your behalf and state your preferences for treatment to guide them. Your health care surrogate should be a trusted adult who can consent to or refuse procedures for you, access your medical records, and apply for benefits on your behalf once your primary physician determines that you lack the capacity to make these decisions yourself.
A living will, meanwhile, gives direct instructions to physicians and also guides your health care surrogate. In this document, you declare in advance that if you suffer a terminal condition, an end-stage condition, or a persistent vegetative state with no reasonable chance of recovery, life-prolonging procedures should or should not be withheld or withdrawn. Any instructions you give while still capable supersede those of your surrogate, so you always have ultimate authority over your own life.
Avoiding Guardianship
If you don’t make all the proper plans in advance, the Florida courts may appoint a guardian of the person and a guardian of the property if you become incapacitated. This involves hlding a hearing to prove your incapacity, which can be traumatic and diffiucult for your loved ones, and neither they nor you will have the ultimate say in who has control of your estate or your healthcare.
Talk to a Tampa Estate Planning Lawyer
Put the right legal tools in place now and you’re taking an important step toward securing your future autonomy. Contact the Law Office of Elizabeth Devolder in Tampa or Sarasota now to get started.
Connect with us
