This is a document that provides instructions for an individual who is custodian over signed power of attorney forms that the principal may have prepared in advance of illness or incapacity. Three different types of power of attorney may have been prepared in the past. A custodian legally holds these documents until they are needed. The form indicates which powers have been created, the conditions under which the custodian is to deliver the power of attorney forms, and the date when the principal executed the powers of attorney, and authorized the custodian to hold the powers.
This interactive legal document enables you to generate a Living Will and, optionally, a Designation of Health Care Surrogate (Healthcare Power of Attorney), that protect your right to refuse medical treatment you do not want, or to request treatment you do want, in the event you lose the ability to make decisions yourself:
1. The Florida Designation of Health Care Surrogate lets you name someone to make decisions about your medical care-including decisions about life support-if you can no longer speak for yourself. The Designation of Health Care Surrogate is especially useful because it appoints someone to speak for you any time you are unable to make your own medical decisions, not only at the end of life.
2. The Florida Living Will lets you state your wishes about medical care in the event that you have an end-stage condition, become persistently vegetative, or develop a terminal condition and can no longer make your own medical decisions. A second doctor must agree with your attending physician's opinion of your medical condition. It is recommended that you complete both of these documents to best ensure that you receive the medical care you want when you can no longer speak for yourself.
A Power of Attorney is a legal document where one party (the Principal) authorizes another party (the Agent or the Attorney-in-fact) to act on his or her behalf during an absence. This authority can specifically include or exclude several areas of interest, including matters of physical property, real estate, banking, insurance, tax matters, etc.
Traditionally, this authority ends when you become medically incapacitated. However, you have the option to make the Power of Attorney (1) "Durable" which means it will remain effective from the time of signing the document and if you become medically incapacitated; or (2) "Springing" which means it will only be effective upon you becoming medically incapacitated.
This form creates a HIPAA Authorization form, which enables certain trusted family and friends to have access to your medical records and health information when you are injured. These records are typically used to help prove whether you are capable to make health care and financial decisions on your own, and therefore could activate a Health Care Power of Attorney or a Durable Power of Attorney which you signed when healthy.
A will enables a testator (the person making a will) to make sure that his/her family and loved ones are provided for and all possessions or property will be distributed in accordance with his/her wishes. This document is not designed for a complex and large estate that raises special tax considerations. This document should be used only for a basic estate which is below the threshold for the payment of inheritance tax and where discretionary trusts and settlements are not required. It has been specifically designed for use by a single person.
This is an Estate Planning Guide in Adobe .PDF that will provide you with an overview of he estate planning process and detailed information on each form that you need for a basic estate plan including the Will, Power of Attorney, Living Will and Health Care Power of Attorney and the HIPPA Release Form