Legal Question in Wills and Trusts in Florida

Re: Medical Proxy/POA information

My recommendation is to get them to sign two documents: A Durable Health Care Proxy (Living Will) and a Durable Power of Attorney. I can assist you with both documents, even if your parents reside in Florida, as my forms are utile in all states, and are quite comprehensive, as to both forms. Depending upon your parents concerns, they allow you to act on their behalf, whether or not they are incapacitated. I can provide them, with instructions on proper execution (meeting signature and notarization acceptable in all states), through e-mail, for a small fee. As a small matter of self pride, my Durable Health Care Proxy is used, with my permission, by one of the foremost hospitals in NYC. It covers almost everything you would need, including the right to speak with doctors and obtain health care records, as well as the conventional Living Will provisions. My POA allows you to do estate planning, Medicaid planning, etc., even if your parents were to become incapacitated and could not act on their own behalf. If you would like more information, contact me directly.

Re: Medical Proxy/POA information

Walter has good advice and a good plan.

To that, I can add that any power of attorney is only good if it is accepted by others. In NJ, there is legislation that requires banks to accept certain powers, but otherwise absent a court order, it is largely the choice of the other party as to whether to accept a power. So:

1. Having a well drafted power is important.

2. If possible, it is worthwhile presenting the isntrument to those who will use it before they actually need it.