QUESTIONS? CALL: +1 (727) 847-2288
  • Meet our Staff
  • Attorney Profiles
  • Schedule an Appointment
  • Download Forms
  • Client Pay

Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

Our firm takes a genuine interest in our clients, understands their objectives and meets or exceeds their expectations in a timely manner. We strive to provide superior legal services and maintain the highest standards of professional integrity.

T (727) 847-2288
Email: contactus@rdwaller.com

Law Office of Roland D. Waller
5332 Main Street
New Port Richey, Florida 34652

Open in Google Maps
  • Real Estate
    • Title Insurance
    • Contract to Closing
    • Contract Preparation & Review
    • Deeds
    • Buyer Representation
    • Seller Representation
    • Loan Modification Agreements
    • Mobile Home Title Transfers
    • Vacation of Easements
    • Rezoning
    • Mortgage & Note Preparation
    • Leases with Option to Purchase
    • Leases – Residential & Commercial
  • Probate
    • Trust Administration
    • Estate Administration
  • Estate Planning
    • Avoiding Probate
    • Medicaid Planning
    • Designated Health Care Surrogate
    • Durable Power of Attorney
    • Trusts
    • Wills
    • Healthcare Surrogate
  • Litigation
    • Condemnation
    • Boundary Dispute
    • Partition Action
    • Suit to Quiet Title
    • Defendant
    • Plaintiff
    • Eminent Domain
    • Land Use & Zoning
    • Contract Disputes
    • Evictions / Collections
    • Loan Modification
    • Foreclosure / Foreclosure Defense
  • Corporations
    • Preparation of Corporate minutes
    • Formation of Corporation or LLC
    • Partnership Agreements
    • Corporate Contract Preparation & Review
    • Purchase of Business
    • Sale of Business
  • Videos
    • About Us
    • Estate Planning
    • Guardianship
    • LLC’s and Corporations
    • Medicaid Planning
    • Probate
    • Real Estate
    • Real Estate – Buying
    • Real Estate – Selling
    • Real Estate – Foreclosure
    • Trusts
    • Wills
  • Testimonials
Tuesday, 07 March 2017 / Published in Videos

How Does Implementation Of Estate Planning Prevent The Need For Guardianship?

Video Summary

How does the implementation of estate planning prevent the need for a guardianship?

Essentially, estate planning documents will typically enable you to name a person to act on your behalf in the event of incapacity. There are two very specific documents that pretty much go to this point. The first document would be a durable power of attorney. A properly drafted durable power of attorney will not only name a primary agent to act on your behalf, but it will also name a successor agent to act on your behalf in the event that the primary agent either becomes incapacitated themselves or should predecease you or be unable to act. That’s really important. If you do have a power of attorney, make sure that you take a look at it and do ensure that it does have a provision for a successor agent.

Essentially, a guardianship will need to be established for a person in the event that they are incapacitated and that they do not have any known advanced directives, such as a power of attorney whereby they have named somebody previous to their incapacity to act on their behalf. That’s why a lot of times a guardianship is necessary for someone that simply doesn’t have a power of attorney.

I’ve also encountered situations where a person may have a power of attorney but unfortunately that power of attorney did not name a successor agent and the primary agent has predeceased the actual principal, i.e. the person needing somebody to act on their behalf. That’s why it’s really important that you execute estate planning documents early in life, that way you already have that set up in the event that something should happen.

The other document that I was referencing is called a “Declaration of Pre-Need Guardian.” That document is a document that you execute while you have capacity, which essentially allows you to name the person that you would like to act on your behalf in the event that a guardianship of your person, property, or both, is necessary to protect your best interest. That is also a part of our estate planning documents here at the law firm of Waller and Mitchell.

If you have any questions regarding the implementation of estate planning documents or you would like to have your current estate planning documents reviewed please give me call here at the law firm of Waller and Mitchell at 727-847-2288.

FEATURED VIDEOS

  • How Do I Make Sure All My Assets (Real Estate, Bank Accounts, Investments) Are Properly Transferred into the Trust?

  • How Can I Legally Require My Neighbor to Move a Fence, Structure, Or Landscaping That Crosses onto My Land?

  • How Are Taxes Handled with Trusts Will My Beneficiaries Owe Taxes When They Inherit?

  • Do I Need a Separate Will for Digital Assets Like Social Media Accounts, Crypto Wallets, Or Online Businesses?

  • What Estate Planning Steps Should I Take If I Own Multiple Properties or Out of State Property?

  • Can I Include Instructions for Personal Items Like Jewelry and Heirlooms Separately from the Will?

  • If I Plan to Renovate or Build on the Property, What Permits or Legal Approvals Do I Need?

  • How Do I Choose a Reliable Executor, and What Responsibilities Will They Have?

RELATED VIDEOS

About Us About Waller education real estate Waller
SUGGEST A VIDEO TOPIC

SIGNUP FOR NEW VIDEO NOTIFICATIONS

Keep up to date with our videos. We will notify you of any new video added via email.

Quick Links

  • Buyer Representation
  • Contract to Closing
  • Deeds
  • Leases w/ Option to Purchase
  • Leases – Residential & Commercial
  • Loan Modification Agreements
  • Mobile Home Title Transfers
  • Mortgage & Note Preparation
  • Contract Preparation & Review
  • Rezoning
  • Estate Administration
  • Trust Administration

Our Misson

“We Care”

Signup for our Newsletter

GET IN TOUCH

Tel: +1 (727) 847-2288
Fax: +1 (727) 848-4183
Toll Free: +1 800-304-2288
Email: contactus@rdwaller.com

Law Office of Roland D. Waller
5332 Main Street
New Port Richey, Florida 34652-2509

Open in Google Maps

  • Legal Terms
  • Website User Agreement
  • Privacy Policy
  • Legal Notice
  • GET SOCIAL
Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

© COPYRIGHT 2010-2022 RDWALLER.COM

TOP