Elder Law Archives

Being of "Sound Mind" to Execute a Will

In Florida, as in most states, it has long been emphasized that the right to dispose of one's property by Will is highly valuable and it is the policy of the law to hold a Last Will and Testament good wherever possible. Not uncommonly, disgruntled beneficiaries sometimes challenge a Will on the grounds that the person who executed the Will (known as either the Testator if a man or a Testatrix if a woman) did not have testamentary capacity. In other words, they allege that the person's mental state was such that they could not validly sign a Will. 

Preparing for Alzheimers and Dementia Ahead of Time

"Dementia" is an umbrella term describing a variety of diseases and conditions that develop when nerve cells in the brain die or no longer function normally. The death or malfunction of these nerve cells, called neurons, causes changes in one's memory, behavior and ability to think clearly. Alzheimers disease is the most common form of dementia, making up as much as 80 percent of dementia in elderly persons. Ultimately, after losing one's quality of life, Alzheimers leads to death. In fact it is the fifth leading cause of death in person over age 65 and it is the only cause of death in the top ten that has little treatment, ability to slow progression, or cure.

Avoiders, Do-it-laterers, Around-to-iters, Out-of-sight, Out-of-minderers, and Other Procrastinators!

As an estate planning law firm, we advise and counsel clients, and establish and implement a plans in order to protect individuals, families, and businesses in the event of illness, incapacity, disruption from the unexpected, and death. Who needs this advice, planning and protection? Simply put-everyone! Illness, incapacity, disruption from the unexpected, and death are inevitable. We all face these realities, so why not be prepared?

Consecutive or Co-Agents: Naming Multiple Persons to Act in a Florida Durable Power of Attorney

An essential document in any Florida estate plan should include a Durable Power of Attorney ("DPOA"). This document allows a person to designate another person or persons to act on their behalf in connection with personal, business and financial matters. A DPOA is critical in the event a person has a health crisis or becomes severely injured or incapacitated. Elderly persons particularly benefit by having a DPOA because their designated person, i.e. their agent, can act for them on matters that they can no longer do themselves. Without a DPOA, often a court-administered guardianship becomes the only alternative.

Elder Law: Helping Our Older Loved Ones

Like many professions, lawyers tend to concentrate their practices on certain areas. There are lawyers who practice in almost every imaginable topic. One popular lawyer website lists over 235 areas of the law in which lawyers concentrate their practice. This is in contrast to a general legal practitioner who does a little bit of everything. As the old adage says, a general practitioner is a "jack of all trades but master of none."

Will Medicare Pay for Nursing Home Care for Elderly Parents?

elder 2.jpgMany people mistakenly think that Medicare will pay for nursing home care for their elderly parents or loved ones. Unfortunately, except under limited circumstances, they are mistaken and that mistake can be a costly one. Families of elders should seek advice when facing long-term care issues.

Where Can You Turn When Seeking Help for Aging Parents?

The population of the United States is aging rapidly. The number of Americans ages 65 and older is projected to increase dramatically from 46 million today to over 70 million by 2030. Known as the "baby boomers", the 65-and-older age group's share of the total population will rise from 15 percent to nearly 24 percent.  

Do you have a Living Will?

If you've ever been a patient at a hospital or any other medical facility, you've probably been asked this question: "Do you have a Living Will?" So what is this document? A Living Will is a document which allows you to declare your desires in the event of an "end-of-life" situation such as a terminal illness, an end-stage condition, or a permanent vegetative state. In making this declaration, here is some typical language contained in a Florida Living Will:

Ready or Not? Semper Paratus or Non Paratus?

The motto of the United States Coast Guard is "Semper Paratus" which is Latin for "always ready" or "always prepared." When it comes to being prepared for life's challenges, including illness, incapacity, and death, it is wise to be "always prepared." Unfortunately, in law practice many times we see that people are "Non Paratus" or "not prepared."

Email us for a response

We Can Resolve Your Legal Issues

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Our Location

14497 North Dale Mabry Hwy
Suite 160-N
Tampa, FL 33618

Phone: 813-280-0082 (AT)
Fax: 813-968-9426
Tampa Law Office Map