Planning For Incapacity Disability

Comprehensive, Compassionate Elder Planning

Our attorneys are highly experienced at dealing compassionately with elderly family members. We sensitively guide them and their loved ones in implementing:

  • Premortem planning — including wills, trusts and designations, health care directives, living wills
  • Fiduciary representation — including trustees/personal representatives
  • Legal capacity counseling — helping determine capacity levels as required for drafting of various planning documents
  • Asset preservation
  • Income, estate and gift tax advising
  • Organizing records and documents to minimize stress and confusion for spouses and loved ones
  • Helping resolve disputes/conflicts, including those surrounding the role of the custodial child

A Smart And Sensitive Approach To Planning For Incapacity

Are you noticing changes in a loved one or in your own cognitive abilities? The time to plan is now — prior to incapacity — to avoid conflict and costly legal proceedings. When you begin to see signs of confusion or memory lapses in an elderly spouse, parent or in yourself, making sure appropriate legal planning documents are in place is essential. At the Law Offices of Frye, Fortich & Garcia, P.L., our Miami attorneys create durable powers of attorney, health care directives, living wills, trusts and other devices to protect you or your loved ones’ interests in case of incapacity or disability.

A 2011 Florida law states that a person who designates power of attorney must be specific in listing what powers are granted. “Springing power of attorney,” called that because it springs into effect when incapacity occurs, is no longer accepted in Florida. Any power of attorney documents that were drafted before 2011 should be reviewed by an attorney to determine if they will hold up and grant the powers they are intended to grant.

These protective devices can only be drafted when a person has the capacity to make legal designations and decisions. If incapacity should occur prior to planning, family members may be faced with a costly and potentially contentious guardianship proceeding. Our Miami office represents clients throughout Florida as well as out of state in proactively planning to avoid the needless stress, disputes and costs that can result from a failure to plan.

Powers Of Attorney For Unmarried Partners

Establishing power of attorney is a particularly important issue for couples who are not legally married. Hospitals may restrict access to a person who is incapacitated or in serious condition to family members only.

If you are in a relationship and not legally married, it is critical to clearly state in legal documents your wishes regarding who should make health care and financial decisions on your behalf.

Learn More About Planning For Incapacity In Florida

For more information or to schedule a consultation about planning for incapacity with a Miami lawyer at the Law Offices of Frye, Fortich & Garcia, P.L., call 305-723-1216 or fill out the contact form on this website. We serve clients throughout South Florida, including Miami-Dade County and Broward County.

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