Are you an active adult working hard to support your family, your business and yourself? Have you been too busy to give any thought to creating a Florida estate plan? Did you know that it is a critical tool that all adults living in Florida should have? With a Florida estate plan you can think about what you want for yourself, your loved ones, your business, and your legacy. In addition, estate planning also makes you answer the tough questions including, but not limited to, what should happen if you no longer have the capacity you need to make your own decisions or who will be your beneficiaries?

So you know you need to plan for your future with a Florida estate plan, but what comes next? It may be to answer this question:  How do you determine the best age to complete your Florida estate plan? As Florida estate planning attorneys, we are frequently asked this question. Below we have five very different situations to present to you that will answer the question about when to create your Florida estate plan.

1. At the age of 18. When you turn 18 it is definitely time to create your Florida estate plan and here is why. Without an estate plan in place, there is no one who has legal authority to make decisions for you in the event you are in a car accident or other crisis. What does that mean? It means no one will be able to pay your bills, access your bank accounts, or talk to your doctors. Your Florida estate planning attorney can work with you to make an estate plan that will protect you and put the people who you want to be in charge of you in place in a crisis. Your Florida estate planning attorney will also talk to you about how to create a legacy and plan for a time when you are no longer here.

2. At the time you marry. Marriage to the one you love is an exciting time. Now is the time to think about how you will protect and provide for each other. The best way to do that is to work with an experienced Florida estate planning attorney and have a Florida estate plan created for each of you.  

3. At the time you have a child.  Planning becomes even more crucial when you begin to have children. Who will take care of them if something happens to you? When should they inherit? How will you provide for their future if you are no longer here? These are the questions your excellent and comprehensive Florida estate plan can answer when you work with a qualified Florida estate planning attorney. 

4. At the time you inherit. It does not matter whether your inheritance is small or large. But it is important that it be protected. Be mindful that the person who left you this inheritance may have had clear instructions for you. In fact,  you may want to copy those instructions in your own estate plan. On the other hand you may have inherited through a messy process that you do not want others to go through. No matter your reason, this is an important time to meet with your Florida estate planning attorney and plan ahead. 

5. At the time you start a business. As you start the process of building your business you need to consider all the ways you should protect yourself, your family, and your business from what comes next and in the future.  Your Florida estate planning attorney can help you not only design your Florida estate plan but be able to advise you on your business planning as well.

We know this article may raise more questions than it answers.  Our office is here to help you navigate the legal issues related to seeking and covering the cost of memory care. We encourage you to contact us and schedule a meeting with our attorneys.

Did you know that April is Autism Awareness Month? Do you have a loved one with autism?  Planning for your loved one’s future is very important. Although the specific needs of an autistic individual can vary greatly depending on the severity of their autism, many people with autism need assistance throughout their entire lives. 

Without a doubt, the most important part of planning for a loved one with autism is to begin early. Whether you care for your loved one in your capacity as a parent, grandparent, or sibling, part of your role is to make sure there is a solid legal, financial and medical foundation in place. 

In our law office we work with families of special needs loved ones and the challenges they face each and every day. We know how hard it can be to start this type of estate planning, and we know it is hard to think about a time when you may not be here to provide care yourself. To assist you in starting this process we would like to share a few answers to questions you may have regarding planning for your autistic loved one.

1.     Will I always have the authority to make decisions for my autistic child? Not if you do not plan ahead. In Florida when a minor with autism reaches the age of majority, he or she becomes a legal adult. Even if his or her developmental, cognitive or mental disabilities are severe, in the eyes of the law your child will be deemed an adult. Without planning, you will lose your legal authority. 

2.     My autistic loved one cannot safely make decisions at this time, what can I do? We recommend that you start by making a list of what your autistic loved one can and cannot do.  This includes medical, educational, financial, legal and vocational decisions. You may, in fact, want to create a daily log or diary of all the activities, appointments and recreation that you and your loved one do. In addition, do not forget to carefully assess his or her abilities to make rational decisions, choices related to self-care and to be able to communicate for him or herself. This is the starting point of what you will share with your Florida estate planning attorney as you begin to think about the authority you need as a part of the guardianship process.

3.       Is there a less restrictive guardianship that the court could consider since my child can make some decisions?

Yes, the court can. The key to guardianship is ensuring that your loved one is safe. Although you may be tempted not to proceed to obtain guardianship over your autistic loved one, we would encourage you to talk to your Florida estate planning attorney first. You do not want to be in the situation in the future where a decision needs to be made that requires legal authority, and you do not have it.

4.       Should I consider a backup guardian?  Yes, you should definitely discuss with your Florida estate planning attorney who could take over your guardianship role when/if you can no longer handle the responsibility. With your attorney, you can create the legal documents you need together with a letter of intent. This letter is a document that will act as a roadmap for guardians and trustees to navigate medical, financial and legal decisions once you are no longer able to act.

5.     What is a special needs trust? Should I look into one for my loved one with autism? There are different types of special needs trusts you can create for an autistic person. A major benefit of special needs trust planning is it allows an autistic person to not lose access to key government benefits, such as Medicaid and Supplemental Security Income (SSI).  If your autistic loved one was inherited directly, without a special needs trust in place, he or she could be at risk of losing his or her benefits until the money received is spent down on his or her care.

Finally, the main principle to follow in planning for a loved one with autism, or any special need, is to ensure he or she has enough support throughout the remainder of his or her life. Ensuring your loved one is taken care of, even when you can no longer be there to assist, is critical. Do not wait for a crisis to plan forward with your Florida estate planning attorney

We know this article may raise more questions than it answers.  Our office is here to help you navigate the legal issues related to seeking and covering the cost of memory care. We encourage you to contact us and schedule a meeting with our attorneys.

As you begin the New Year, are you looking into updating your estate plan?  Has it been a while since you pulled out your original Florida estate plan and really examined it? Have there been changes in your life and the lives of your close family? Have there been changes in the laws governing your Florida estate plan? Are you concerned about your plans to protect yourself and your family? 

As you review your current  Florida estate plan, does it: 

• Protect your ability to make your own health care decisions?
• Honor your wishes if you are in a persistent vegetative state?
• Give legal authority to another of your choosing to pay your bills if you cannot?
• Care for your pets and support your caregiver with financial resources?
• Allow your family to protect your assets if you need long-term care? 
• Leave your assets to those you want to provide for at your passing?
• Create a legacy that can outlive you?

All the questions listed above are difficult but they will enable you to think about your current estate plan and what you need to do to update it.  We also have 4 tips to share with you to get you started on updating:

1. Think about who you have chosen to be your agent and act for you in your current estate plan in a crisis, is this person still the person you trust and want to select? Is this person readily available?

2. Do you have the same person acting as an agent for you with health care decisions and financial decisions?  Are you contemplating having a different person for your health care decisions versus your financial decisions?

3. Are you concerned that you had named your spouse, but are now concerned that your spouse may not be up to the responsibility? What should you do now? 

4. Should there be multiple backup people? Also, should you name both of your children to serve as agents together or as personal representatives together? 

Now would be a good time to contact your Florida estate planning attorney to assist you in updating your estate plan.  He will be current with all laws regarding Florida estate planning and probate, federal and state tax changes and more in regard to a comprehensive Florida estate plan.  It is very important to periodically ensure that your Florida estate plan always reflects what you want, memorializes changes to your  family structure if there are any, and gives the legal authority to your decision makers to act in a crisis.
We know this article may raise more questions than it answers.  Our office is here to help you navigate the legal issues related to seeking and covering the cost of memory care. We encourage you to contact us and schedule a meeting with our attorneys.