Zoeckleinlawpa.com
UNDERSTANDING HEALTH CARE SURROGATES AND LIVING …
WEBThe living will must be signed the principal in the presence of two adult subscribing witnesses. However, for a living will, one of the witnesses must NOT be a spouse of the principal or a blood relative of the principal. Under Florida Statute 763.305, if someone does not have a living will, but has a health care surrogate, that surrogate will
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URL: https://www.zoeckleinlawpa.com/understanding-health-care-surrogates-and-living-wills-in-florida/
DEALING WITH MEDICAID (AHCA)
WEBAccording to Fla. Stat. § 409.9101, the Agency for Healthcare Administration (AHCA) is generally entitled to recover Medicaid payments from a probate estate as a creditor. However, the statute also sets out some exceptions. For example, the AHCA cannot enforce a debt against an estate if the recipient is survived by a spouse, a child …
Correcting Errors on Death Certificates in Florida
WEBThe Florida Department of Health, Office of Vital Statistics, is authorized to correct misstatements or omissions in birth, death, or fetal death records. Under Section 382.016 of the Florida Statutes, the department can make amendments upon the submission of an affidavit detailing the necessary changes. Corrective Affidavit
Florida Advanced Care Directives
WEBFlorida Advanced Care Directives FREE CONSULTATION What your Will does not cover: The failure to adequately make arrangements for your potential loss of mental capacity can cause serious negative consequences for you and your family. A few simple tools exist to make sure that your quality of life and health care decisions are made how… Continue …
Florida Will and Trust Contests Part I: An Overview
WEBIf by chance the testator had been determined to be mentally incompetent at the time of execution then the testamentary document will be presumed to be invalid. As you might suspect a challenge based upon the mental incapacity of the testator requires an analysis into the relevant medical records and health care providers of the decedent.
Florida Next of Kin Law: Understanding Your Inheritance Rights
WEBUnder Florida law, the next of kin law determines the order of inheritance for individuals who are related to the deceased. The following outlines the order of inheritance: A. Spouses as first in line: If the deceased was married, their spouse is the first in line to inherit their assets. This includes both real and personal property, as well
FLORIDA POWER OF ATTORNEY
WEBThe agent must also act with care, competence, and diligence and must cooperate with a person who has authority to make health care decisions for the principal. If the agent is selected by the principal because of their special skills or expertise, they must use those skills in acting on behalf of the principal.
Florida Will Contests: Penalty Clauses and Qualified Renunciations
WEBThe renunciation rule stipulates that if a beneficiary decides to contest a will, they must give up any benefits they might receive from it. This requirement is designed to ensure that challenges to the will are made in good faith and not as a strategy to secure a better inheritance while disputing the validity of the will. Qualified Renunciation.
Florida Disclaimer of Property Interests Act
WEBThe relevent law is codified in Florida Statute Chapter, 739 and begins with section 101. Fla. Stat. 739.104 (1) Provides: A person may disclaim, in whole or in part, conditionally or unconditionally, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed
WHAT OBLIGATIONS DOES A TRUSTEE HAVE UNDER FLORIDA LAW
WEBSection 736.0802 (1), Florida Statutes (2019), provides that “ [a]s between a trustee and the beneficiaries, a trustee shall administer the trust solely in the interests of the beneficiaries.”. While a trustee may pay from the trust costs and attorney’s fees incurred in any proceeding the beneficiaries may contest those fees and costs.
EXPANDING FLORIDA HOMESTEAD PROTECTIONS IN PROBATE …
WEBSnyder, 699 So.2d at 1002 (quoting Public Health Trust v. Lopez, 531 So.2d 946, 948 (Fla.1988)). The court in Snyder noted that in order to promote the declared purpose of homestead exemption, the homestead provision in Florida’s constitution “is to be liberally construed in favor of maintaining the homestead property.”
Power of Attorney Litigation in Florida: An Overview
WEBPursuant to Florida Stat. 709.2116(2), the principal, a guardian, conservator, trustee, or other fiduciary acting for the principal or the principal’s estate, a personal authorized to make health care decisions (only to the extent that the decisions were affected), governmental agency, or any other interested party if the person demonstrates
LIFE INSURANCE DISPUTES: FLORIDA LAW
WEBIn the realm of personal finance, life insurance stands as a pillar of financial security and peace of mind. It promises a safety net to our loved ones in case of our untimely departure. But what happens when this safety net is compromised by unscrupulous individuals or organizations? In this blog, we will delve deep… Continue …
Brandon Estate Planning Law Firm
WEBEnd of life decisions regarding care need to made before it gets too late. Your estate plan can provide for the continued care of your loved ones after you pass by setting forth directives to ensure the health care services you want for your family are provided. 6. Ease the financial burden of your death.
Navigating Firearms Distribution in a Florida Probate
WEBMental Health and Institutionalization: Persons who have been officially declared as mentally ill or have been committed to a mental institution may be prohibited from receiving firearms. Risk Protection Orders: Individuals currently under a court-issued risk protection order that restricts their possession, acquisition, or attempt to acquire
FLORIDA PARTITIONS: CASE LAW UPDATE – MORRISON V.
WEBThe case of Morrison v. Smolarick, No. 2D20-2693, is a decision made by the District Court of Appeal of Florida, Second District in 2022. It deals with the issue of partition, which is a legal process by which co-owners of property can seek to divide the property or, if it cannot be divided, to sell the property and divide the proceeds among
COMPRENDIENDO LOS SURROGENTES DE CUIDADOS DE SALUD …
WEBUn sustituto para la atención sanitaria y un testamento vital son piezas importantes de una sólida cartera de planificación patrimonial. Este artículo le explicará qué son estos documentos y por qué deben formar parte de su planificación patrimonial. El Capítulo 765 de los Estatutos de Florida, titulado "Directivas anticipadas de atención …
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