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Elder Law Attorney, and a long time resident of Florida. Based on my 30 years of practice doing Wills. Trusts and Probates, I have learned that the most important thing a client can do for their own security and safety is to enter into a series of legal documents called Advance Directives. Advance Directives include a Living Will, which gives you the power to make a decision, if you are in a chronic vegetative state; a Health Surrogate, which appoints someone whom you personally choose, to make health decisions for you about the medical treatment to be given to you, in the event you become incapacitated or incompetent; a Durable Power of Attorney, which allows you to appoint someone you trust to make financial decisions and transfers for you in the event of your incapacity, and a Revocable Living Trust, which gives you the ability to avoid both Probate and Guardianship, thereby preventing your heirs or your family members from having to deal with the Court system through a Guardianship or Probate.
To avoid problems later, what we, as Elder Lawyers do, is to create living documents to allow you to live the rest of your life in peace and security, without having to worry about the future of your finances or your own personal welfare. As an Elder Law Attorney, my major concern is building you a "safety net" in which you can live the rest of your life in peace knowing that you are protected as much as possible. While a Will is made in contemplation of death, a Revocable Living Trust is meant as an instrument for life, which allows you to live as free from interference as is possible.
You may ask yourself, why should I go through the expense and the process of doing these instruments, when if a Probate happens or a Guardianship happens, so be it. The answer is that there is a minimal expense incurred by you in preparing these documents as opposed to the increased expense and aggravation, for both you your loved ones in having to go through a Guardianship and/or Probate, or both.
For those of you concerned with Alzheimer's or related medical conditions, it is very important that you consider Advanced Directives and a Revocable Trust. As a member of the Alzheimer's Family Center since its beginnings and a former Vice President of the Center. I have seen first hand the devastation that can occur with the onset of Alzheimer's and the truly horrific results it can have on both you and your family. It is my aim to help you avoid as many of these problems as possible. I believe you should live the rest of your life with the glass half full and not half empty. That is what living documents, such as Advanced Directives and a Revocable Trust can do for you. I urge you to consider preparing these documents. If you wish to consult with me, please call my office at (954) 229-2226 for free consultation.
Written for the Alzheimer Newsletter
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