In our estate planning practice, we regularly have clients sign a document titled “Durable Power of Attorney.” So, what is a Durable Power of Attorney? First and foremost, as a Power of Attorney, it is a legal instrument which a person, the principal, can sign...
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Who may witness the signing of a Will in Florida?
In Florida, in order to be valid and enforceable, a Last Will and Testament must be signed by the person establishing the Will. The execution must be completed in the presence of two attesting witnesses. Sometimes the question arises as to who may serve as a witness...
Does a Will or Trust always control distribution of your assets?
We often have clients ask the question whether a Will or Trust always controls the distribution of their assets. The fact of the matter is that they do not always control. Here are two categories where neither the Will nor a Trust would govern distribution:...
Can a nonresident of Florida serve as agent under a Florida Durable Power of Attorney?
When working with clients, we are often asked who can serve as agent under their Durable Power of Attorney. Often the reason for the question is that they want to know if a nonresident of Florida can be designated. The short answer is that a nonresident person can be...
Proper administration is essential for a qualified income trust
A Qualified Income Trust (QIT) is an instrument that's designed to help aging adults in Florida qualify for benefits even though their income is greater than the limit for Medicaid approval. It exists to help seniors cover the costs of staying in nursing facilities....
When does a Durable Power of Attorney go into effect in Florida?
A Durable Power of Attorney (“DPOA”) is a written legal instrument signed by one person, known as a principal, appointing another person, known as an agent, to act on the principal’s behalf. Most such DPOAs enumerate specific powers which the agent may exercise. For...
The types of Florida guardianships
Families in Florida may face difficult circumstances when a beloved parent or other close elderly loved one begins to show signs of dementia or other forms of cognitive decline. Especially if this person is single or lives alone, they may face increasing medical and...
Is a Person Serving as Agent Under a Durable Power of Attorney Entitled to Compensation?
A Durable Power of Attorney (“DPOA”) is a legal instrument in which a principal can designate a person as agent to act for the principal. Most DPOAs give the agent a “laundry list” of powers covering a wide-range of financial, legal, and personal matters. These could...
Why You Need a Living Trust
Many times people come into our office and tell us that they’ve read that they need a Living Trust (also known as a Revocable Trust). Sometimes they heard it through a friend or in something they've read. However, they often don't have a clear grasp of why they need...
Florida Expands Abuse of an Elder Person to Include Intentional Isolation from Family Members
In April of 2021, the Florida legislature unanimously approved passage of SB/HB 1041 which provided additional protections to elder persons . Among the changes, SB/HB 1041 amended Chapter 825 which addresses the abuse, neglect and exploitation of elder persons and...
