Living well and passing on your life assets in the manner you prefer is not an accident. It is the result of purposeful planning, and declaring your intentions, in writing, in terms that are unmistakable. At Summer Nichols Law Firm we have helped hundreds of individuals achieve peace by documenting these intentions.
Wills
If you die without a will, the state of Florida will decide where your assets go. That is not why you worked all your life, to have a cookie-cutter distribution method imposed on you. It is much better to make your wishes known and unarguable with a clear, comprehensive will! Therefore, it is important to consult with an attorney and know the law before attempting to draft a will. Our office has done many wills and is familiar with the various legal requirements which make a will valid or can invalidate a will.
Living Wills & Power of Attorney
Who will make decisions for you as you get older? These documents will spell out your wishes:
- A living will specifies what life-extending care you want and what kind you don’t want if you are in a terminal or end-stage condition. Creating a living will is a great gift to your family, who should not have to make these heartbreaking decisions on your behalf. A properly drafted and executed living will can prevent disputes among family and friends during an already tumultuous time.
- Powers of attorney allow you to designate who can make medical decisions for you (health care power of attorney), financial decisions (financial or durable power of attorney), and personal decisions.You can limit your attorney-in-fact’s power to merely the signing of one document or expand it to allow him or her to do just about anything on your behalf.You can prevent a lot of confusion among family members regarding how to act on your behalf if you have a properly drafted and executed durable power of attorney.
A Living Will is not to be confused with a legal will, which disposes of a person’s property upon his or her death. A Living Will directs the provision, withholding, or withdrawal of life prolonging procedures in the event one should have a terminal condition. In Florida, “life prolonging procedures” also includes the provision of food and water to terminally ill patients. If you chose to direct in your Living Will that your life not be prolonged, you can also request that you are administered pain medication or other similar treatement to alleviate suffering.
A Health Care Surrogate is a person designated by you to make all health care decisions during any period in which you may become incapacitated. You can also designate an alternate health care surrogate in the even your primary surrogate is unwilling or unable to handle the responsibility at the time he or she is needed.
There are very specific rules involving the signing a validity of Living Wills and Health Care Appointments. For instance, two witnesses are needed for each document and neither witness may be a spouse or blood relative of the maker of the will. The health care surrogate cannot act as a witness for the Health Care Appointment document. If the maker of the Living Will is physically unable to sign, one of the witnesses can sign in the presence of and at the direction of the maker.
It is important to hire an experienced attorney to draft and handle the signing of these documents for you.
The Law Office of Summer R. Nichols, LLC has handled hundreds of wills, living wills, and health care appointments. Please Call Us Today to make an appointment to have this done and feel secure knowing that you did!
F.A.Q
A Will is your last testament of how you desire your property and personal belongings to be distributed. Most importantly, it is also your last chance, if you are a parent of minor children, to express who you want to become legal guardian(s) of your children, and who you choose to distribute or put into a Trust, as a Trustee, any of your assets or personal property for your children, as those children become the age of your choice (18, 21, 25, 30?) A will is also the ultimate tool to prevent loved ones from getting upset with each other over things that are preventable by YOUR will and YOUR written statements about why you are leaving what you are leaving. Specific sentimental or explanatory statements can be made in your will, if so desired.
It is extremely important to have a Family or Probate Law Attorney draft and complete this for you. There are many very specific laws regarding the provisions and signing of wills that, if done incorrectly, could completely invalidate your will! Beware of online services. Have the peace of mind that comes with having a local certified attorney prepare and do the signing ceremony for your Last Will and Testament.
The Law Office of Summer R. Nichols has handled hundreds of Wills and enjoys the opportunity to make you and your loved ones feel at ease knowing that things were done right, and that your children are taken care of in accordance with your specific wishes, in the event of your untimely death.
Please consider taking care of this now. Life is too short not to.
A Living Will is not to be confused with a legal will, which disposes of a person’s property upon his or her death. A Living Will directs the provision, withholding, or withdrawal of life prolonging procedures in the event one should have a terminal condition. In Florida, “life prolonging procedures” also includes the provision of food and water to terminally ill patients. If you chose to direct in your Living Will that your life not be prolonged, you can also request that you are administered pain medication or other similar treatement to alleviate suffering.
A Health Care Surrogate is a person designated by you to make all health care decisions during any period in which you may become incapacitated. You can also designate an alternate health care surrogate in the even your primary surrogate is unwilling or unable to handle the responsibility at the time he or she is needed.
There are very specific rules involving the signing a validity of Living Wills and Health Care Appointments. For instance, two witnesses are needed for each document and neither witness may be a spouse or blood relative of the maker of the will. The health care surrogate cannot act as a witness for the Health Care Appointment document. If the maker of the Living Will is physically unable to sign, one of the witnesses can sign in the presence of and at the direction of the maker.
It is important to hire an experienced attorney to draft and handle the signing of these documents for you.
The Law Office of Summer R. Nichols, LLC has handled hundreds of wills, living wills, and health care appointments. Please Call Us Today to make an appointment to have this done and feel secure knowing that you did!
