On behalf of Law Offices of Frye, Fortich & Garcia, P.L. | October 5, 2022 | Estate Planning
How Will You Spend Your Golden Years
It goes without saying that one of the best days in your life, as you age, is the day you finally retire. Indeed, after decades spent putting in long days and making long commutes, you are finally free to enjoy the fruits of your labor, perhaps taking up a hobby full-time, relocating to a dream spot, or just enjoying the absence of an agenda.
Given the tranquility promised by a post-retirement lifestyle, it would naturally make sense that many older people would want to do everything in their power to avoid potential conflict or issues that could cause them undue stress, including planning for their incapacity.
After all, they may have already executed an otherwise valid estate plan several decades ago, or still, feel as if they are perfectly healthy both physically and mentally.
While this is understandable, what happens if they start to notice an ever-so-subtle shift in their cognitive abilities, such as brief spells of confusion or lapses in memory?
The simple — and sometimes hard to accept truth — is that with aging comes an increased risk of incapacity, meaning the inability to care for oneself.
Indeed, this is precisely why it’s so important for older people who begin to notice these almost imperceptible types of cognitive changes to have a discussion with their family members about revisiting their estate plan to ensure that the necessary documents protecting their best interests are in place should incapacity someday become a reality.
Guardianship
In Florida, a guardian is a person the court appoints to act on behalf of someone else’s person or property or both. That someone else is called a ward and may be an adult or child. This is where Florida differs from other states like California. In California, it’s only called guardianship if the ward is a child—and if the ward is an adult, they are called a conservatee and subject to a conservatorship. Whatever they are called, when a court appoints someone to make personal, healthcare, and financial decisions for another adult, it generally is because the ward lacks the capacity to make their own decisions.
In a Guardianship, the Court takes away the rights of an individual to act for themselves, and transfers that responsibility to the Guardian. In Florida, Guardianship is a lengthy and costly process that can be avoided by having a validly executed Durable Power of Attorney and Designation of Health Care Surrogate in place. In fact, if these documents are in effect, the court will typically not appoint a guardian because a “lesser restrictive alternative” is in place. The Durable Power of Attorney is effective the moment it is signed, meaning that in case of incapacity there is no delay in the ability of your agent being able to assist you and make decisions on your behalf and for your benefit.
Making the Right Decisions Now Before You Can’t
At Frye, Fortich & Garcia, P.L., we have extensive experience helping older people reexamine the efficacy of their existing estate plans and, if necessary, drafting the necessary documents to safeguard their wellbeing, and help prevent potentially bitter legal proceedings.
In addition to helping with traditional estate planning matters like wills and trusts, we can also assist with the following:
- Designations of Healthcare Surrogates
- Durable Powers of Attorney
- Living Will Declarations
Contact Our Law Firm
For answers to the hard questions, contact the experienced and compassionate attorneys at Frye, Fortich & Garcia, P.L., 305-931-3200, or email us through our website.
