How Do I Plan for My Incapacity?

January 20, 2020
Bill O’Leary, Esq.
Elder Law, Estate Planning, Long-Term Care Planning

What would happen if you were mentally or physically unable to take care of yourself or your day-to-day affairs? You might not be able to make sound decisions about your health or finances. You could lose the ability to pay bills, write checks, make deposits, sell assets, or otherwise conduct your affairs. Unless you’re prepared, incapacity could devastate your family, exhaust your savings and undermine your financial, tax and estate planning strategies.

What Does an Estate Planning Attorney Really Do?

Estate planning is a systematic process, which involves getting your personal and financial goods for the time, if you pass away or become mentally ill. It is also known as last will, and almost everyone does this planning for their family.

Should I Name a Minor as an IRA Beneficiary?

IRAs provide better opportunities for long-term growth than other assets you could leave to a minor.

Will Florida’s New Legislation Help Seniors in Guardianships?

Guardians across Florida would be required to receive a judge’s approval to place do not resuscitate orders on clients in their care under legislation filed Wednesday by Florida lawmakers.

How Blended Families Can Address Finances and Inheritance Issues

When you remarry, you’re not only combining residences with your new spouse, you’re also merging your finances. If you have children, it may involve some financial-related stress.

What to Do If You Are Appointed Guardian of an Older Adult

Being appointed guardian of a loved one is a serious responsibility. As guardian, you are in charge of your loved one's well-being and you have a duty to act in his or her best interest. If an adult becomes mentally…

How Does Elder Law Protect Seniors from Exploitative Guardians?

Changes could be coming to Florida’s system for overseeing the guardians of elderly who are no longer able to care for themselves, including beefing up monitoring and increasing penalties for those with valid complaints against them.

When Do I Need a Power of Attorney?

In the absence of a durable power of attorney, who has the right to sign for an incapacitated person?

What Are the Biggest Estate Planning Questions I Need to Answer?

August 22, 2019
Bill O’Leary, Esq.
Asset Protection, Estate Planning, Guardianship

The word “estate” conjures images of great wealth, which may be one of the reasons so many people don’t develop estate plans. Afterall, they’re not rich, so why make the effort?

Can a Transaction Occur Without a Power of Attorney?

The wife did not have a durable power of attorney authorizing her spouse to act as her agent in selling the property and now apparently lacked the capacity to sign one.