Proactive Disability Planning For Florida Individuals And Families

Planning for incapacity or disability in life is crucial at any age. As an experienced DeBary disability planning attorney at Hartbrodt Law PLLC, I regularly work with people to address this sensitive issue. My priority is to provide personalized, cost-effective service that streamlines the law. I am Barbara J. Hartbrodt, and I am here to help.

How Does A Durable Power Of Attorney Work?

Whether it be a disabling illness or injury, or the need to be absent from home while traveling, having a durable power of attorney document is suggested. A durable power of attorney document, also known as a durable POA, enables you to appoint a trusted person to handle specific legal and financial responsibilities on your behalf. This document remains in effect while you are incapacitated until death, unless you choose to revoke it. Typically, the designated agent is a trusted person such as a spouse, relative or friend who will act in your best interest.

Relatively inexpensive, the durable power of attorney allows the agent to immediately step in and manage the principal’s affairs in the event of sudden or unexpected incapacity. It helps you avoid the inconvenience and expense of having to file a lengthy guardianship proceeding in court. As an experienced disability planning lawyer, I will help you draft this document with powers specified as broadly or as limited as you desire and ensure that it complies with Florida law.

Why Should I Designate A Health Care Surrogate?

The health care surrogate designation, sometimes referred to as a medical power of attorney, is a document that authorizes another individual to make health care decisions for you if you are unable to do so. This document does not supersede your ability to make your own health care decisions while still able to communicate verbally or in writing. The health care surrogate only steps in when the ability to make one’s own medical decisions is not possible. You can revoke the designation at any time.

The health care surrogate designation may or may not be used in conjunction with a living will. A living will has a much more limited scope pertaining to the individual’s preference regarding artificial means of sustaining life. Contact me to draft and execute a health care surrogate that will comply with the Florida statutory requirements.

A Living Will: Make Your Medical Wishes Known

A living will is a document that takes effect while you are still living. It states your desires as to whether or not you should receive certain medical treatment. Specifically, the living will allows you to decide in advance if you do not want life to be artificially prolonged in certain circumstances.

This document is often used in conjunction with a health care surrogate designation to ensure that the appointed surrogate carries out the principal’s wishes regarding end-of-life treatment. By formally stating one’s desires in advance, it spares the family members and loved ones from having to make the difficult task of end-of-life decision-making. I will draft your living will so that it properly expresses your desires.

How To Use A Declaration Naming A Preneed Guardian

In the event of incapacity, this document allows you to designate an individual to be appointed guardian over you (or your children), for the care of one’s person or property. This individual need not be the same for each role, unless so desired.

It is important to note that you must sign a declaration naming a preneed guardian while you still have capacity. Therefore, early planning is essential. If you do not designate a guardian in advance of incapacity, then the court will choose a guardian for you if needed. I am highly knowledgeable in guardianship law, especially guardianships for minors. I will prepare a declaration naming a preneed guardian for you, either with a disability/estate planning package or à la carte.

Start Your Disability Planning With A Consultation

Disability planning can seem like too big of an issue to address. You don’t have to tackle it on your own. Start by scheduling a confidential consultation with me. To begin, please call 386-888-8478 or send me an email.