Understanding Incapacity Planning in Pensacola

 

  • Prevention is Key: Incapacity planning helps avoid unnecessary legal complications and protects the interests of your loved ones.
  • Legal Framework: Florida laws provide guidelines on incapacity planning and the rights of the incapacitated.
  • Boyles & Boyles: Our firm is committed to assisting you with all aspects of incapacity planning, from creating living wills to designating guardianship.

 

Importance of Incapacity Planning

Properly preparing for a potential incapacity is essential to estate and elder law planning. This ensures your wishes regarding your health care and finances are respected even when you cannot express them. Moreover, it spares your loved ones from the emotional and financial stress of making these decisions during a challenging time.

Understanding Legal Capacity and Incapacity

In legal terms, 'capacity' refers to a person's ability to make informed decisions about their personal and financial affairs. 'Incapacity,' on the other hand, refers to the inability to do so due to mental or physical impairments. Under Florida law, a court-appointed committee determines incapacity.

Creating a Living Will

A living will is a legal document that specifies what type of medical treatment you wish to receive, or not receive, if you become unable to express your desires. This includes decisions about life-prolonging treatments, do-not-resuscitate orders, and more.

Designating a Healthcare Surrogate

In Florida, you can appoint a healthcare surrogate to make medical decisions on your behalf if you cannot do so. This person should be someone you trust to respect your wishes as outlined in your living will.

Establishing a Durable Power of Attorney

A durable power of attorney (DPOA) is a legal document that allows a person you appoint - your 'agent' - to manage your finances if you cannot do so. Without a DPOA, your loved ones may have to go through a costly and time-consuming court process to manage your affairs.

Hypothetical Case: Incapacity Planning Scenario

Consider the case of Mr. Roberts, a widowed, elderly Pensacola resident with two adult children. As he ages, he develops Alzheimer's disease. Fortunately, with the help of Boyles & Boyles, he had previously established a comprehensive incapacity plan. This included a living will outlining his medical treatment preferences, a healthcare surrogate, and a durable power of attorney, allowing his children to manage his medical and financial affairs according to his wishes.

How Boyles & Boyles Can Help with Your Incapacity Planning

At Boyles & Boyles, we can assist you with all aspects of incapacity planning. Our experienced attorneys understand the intricacies of Pensacola's estate and elder law, and we are committed to ensuring your wishes are respected should you ever become unable to express them.

Key Takeaways

  • Incapacity planning is crucial in estate and elder law.
  • Specific criteria determine legal capacity and incapacity.
  • A living will, healthcare surrogate, and DPOA are essential for incapacity planning.
  • Boyles & Boyles can provide sound advice and assistance crafting your incapacity plan.

FAQs

Q1: What's the difference between a living will and a DPOA?
A living will deals with your medical decisions, while a DPOA deals with your financial decisions.

Q2: Can I change my incapacity plan?
Yes, as long as you still have the mental capacity to do so, you can change your incapacity plan at any time.

Q3: Can a healthcare surrogate make financial decisions on my behalf?
No, a healthcare surrogate is strictly for making medical decisions. A DPOA is needed for financial decisions.

Q4: Can the court override my DPOA or healthcare surrogate?
In most cases, no. However, if it's proven that your agent or surrogate is acting against your best interests, the court can intervene.

Q5: Can Boyles & Boyles assist in modifying an existing incapacity plan?
Yes, we can help you review and modify your incapacity plan to ensure it meets your current needs.

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