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Fort Myers Probate & Estate Planning Law Blog

Give consent before accepting treatment

Whether you are headed to the hospital for a surgery or are being moved into a nursing home, you need to give consent prior to receiving any type of treatment. This includes accepting prescriptions, receiving shots, being operated on, receiving cancer treatments and anything else that can be administered to you. Let's take a look at how you can give consent prior to accepting treatment so you do not wind up in a precarious situation.

One way that you can help ensure that no procedure is performed without your consent, or the consent of your medical power of attorney, is to have an estate plan in place. It's possible that mistakes can still be made even with a plan in place but it reduces the risk of having a procedure performed without someone giving consent.

How to choose the right trustee

Choosing the right trustee is one of the most important parts of developing an estate plan. A trust helps you protect yourself, your assets and your loved ones once you are gone. If you don't choose someone who is responsible enough to handle the trust, then you could be in a lot of trouble. Let's take a look at how to choose the right trustee to administer the trust for you upon your death or incapacitation.

You need to choose someone who likely won't precede you in death. If this happens, it can lead to issues with your trust and your estate.

Life milestones that cause you to update your will

Did you recently create a will and other estate planning documents? If so, it's important to note that you should not simply sit on them until you reach the late stages of your life. Don't put these documents in the safe deposit box and not look at them ever again. A will needs to be reviewed every couple of years and amended appropriately based on the milestones you've achieved in life.

Exchanging vows with your partner is the first reason to update your will. Your will should now reflect that you are married and that your spouse is your beneficiary. The same should be done by your spouse. You can even create a will that handles both of your wants and needs.

Is a trust an appropriate estate planning tool for you?

Florida readers are aware of the importance and benefit of having a strong estate plan in place. The factors that make up a strong estate plan vary greatly on a case-by-cases basis, depending on goals, needs and more. For some people, drafting a trust is a beneficial step.

A trust is a way that a person can set aside and protect assets for a specific reason. There are various types of trusts, and the right one for you depends on what you hope to accomplish with your assets and money in the future. If you believe you may need more than just a simple will, it can be beneficial to learn more about the different types of trusts.

Important milestones that signal it's time to update your will

Having a will is a great way to ensure that your loved ones are taken care of when you die. However, simply having a will and not updating it is not good. You cannot create a will in your 20s or 30s and then let it sit well into your 60s without updating it at least once or twice. Let's look at the important milestones in your life that signal it is time to update your will.

Often, people create their first will when they tie the knot. If you already have one when you get married, this is a milestone when you need to update it. So is divorce, if the marriage doesn't last.

Creating a guardianship for an adult with mental illness

Guardianship is an important legal entity that should never be overlooked. It is an option that many people turn to when the time comes in life for their family members. Guardianships are most commonly created for children and adults with disabilities because they need to be protected since they cannot protect themselves. Let's take a look at creating a guardianship for an adult with a mental illness.

When you go to create a guardianship for a mentally disabled adult child, you need to make sure the person chosen meets the requirements. These requirements might vary, but for the most part, they are close from jurisdiction to jurisdiction.

Mistakes can happen in the ER despite your living will

Even though you sign a living will, it doesn't mean mistakes won't happen when you find yourself in the emergency room (ER). Nurses and doctors rush to make judgment calls when patients are brought into the ER, so much so that they don't fully read the instructions in the living will that you created.

One of the most common mistakes occurs when a person is brought into the ER from a nursing home or other assisted living facility with a living will. Tthe nurse tells the doctor or another medical professional not to resuscitate the patient. The nurse may not have read the living will and only assumed that it included a order to not resuscitate (DNR). Not all living wills have DNRs written in them. Some state that any actions to save the life should be taken.

4 times you should review your living trust

It's a smart idea in life to have a living trust. It's an even smarter idea to review that living trust every so often. How often should you review the contents of your trust? This is an interesting question that brings with it a four-part answer. There are four very important things that happen in life that should force you to review your living trust.

When your grandchildren are born, you should review the trust. This includes updating allocations to each grandchild as you see fit as they age. The same can be said if you have a trust early in life and then you have kids of your own. Review the trust at that point, too.

Understand these things when chosen as an estate executor

understand these things when chosen as an estate executor.jpgBeing chosen as the executor of an estate is nothing to sneeze at. It is an important legal role that should be taken very seriously. You never know when you might have to make decisions on behalf of the person named in the estate. That's why you need to prepare the minute you are asked to be an executor. This will make the transition period easier when the time comes to handle the affairs of the estate in Fort Myers.

One of the most important things you will be responsible for when chosen as the executor of a will is collecting the assets of the deceased and then distributing them amongst their beneficiaries or inheritors. You might also be required to make decisions about selling property or other assets as described in the will.

Organizing your affairs after the doctor gives bad news

Organizing your affairs after doctor gives bad news.jpgLogically, you know you aren't going to live forever. Nevertheless, thinking about the end of your life may be a difficult thing to do. That is, until you receive the shocking diagnosis of a degenerative or incurable illness.

In addition to trying to decide how to make the best of your time, you may feel panic and confusion about how to ensure the financial stability of your family when you are no longer able to provide for them. This is where careful estate planning and organization come in.