Miami Lawyers Helping Families Plan 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 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 & Vazquez, 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.
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.
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:
- Pre-mortem planning — including wills, trusts, and designations/directives as described above
- Fiduciary representation — including guardianships, trustees/personal representatives
- Legal capacity counseling — helping determine capacity levels as required for drafting of various planning documents
- 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"
Durable Florida Power of Attorney Law Effective October 1, 2011
- Based on the new law, the designator must be very specific in listing exactly which "powers" are to be granted. All existing documents should be reviewed to determine if they will hold up and grant the powers that they were intended to grant.
- Springing power of attorneys, intended to be activated upon incapacity, have been eliminated.
Disability Planning Attorneys Serving Fort Lauderdale and Miami
For more information or to schedule a consultation about planning for incapacity with a Miami lawyer at the Law Offices of Frye & Vazquez, P.L., call 305-508-5749 or fill out the contact form on this website. We serve clients throughout South Florida, including Miami-Dade County, Broward and Aventura