Can I Leave Money to My Pet?

 

Video Summary

Can I leave my assets to my pets? This question is becoming more and more popular and Florida has passed a statute, as far as trusts are concerned, that specifically authorize a trust for your pets. It’s usually included in your will and provides you designate who you wish to care for the pet, and then you appoint someone else to supervise that the funds are applied for the pet’s use and care.

 

There is a specific provision for a pet trust, so if you’re interested in providing for your pet under your will, please give me a call and set up an appointment and I’ll be happy to assist you in setting up a trust provision for your pet when you’re no longer with us. My phone number is (727) 847-2288.

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Do I Need a Living Will?

 

Video Summary

Do I need a living will?  I suggest that you go ahead and get a living will. They are not very expensive.  It is also called a declaration wherein you state in writing that you do not want your life prolonged in the event that you have a terminal condition, end-state condition or permanent vegetative state and you direct and authorize life support to be discontinued.

There was a case several years ago called the Schaivo case where someone was left on life support for years and years and years. She did not have a living will, and she made an oral declaration saying that she did not want to be put on life support. The family as well as the husband spent over $1 million on attorney fees litigating the issue as to whether or not life support should be discontinued.  Eventually, life support was discontinued.

With a living will, it does not keep you off of life support in the event that 911 is called. Even if you have a living will, they will come, revive you and take you to the nearest emergency room.  If you’ve lost consciousness or whatever the situation is, they will wait to stabilize you.  Once you’re stabilized, they will evaluate you to determine whether you’re in a permanent vegetative state, whether you’ve got any other complications.  And then once they make that evaluation then they’re authorized to contact whoever the healthcare surrogate is, a person you designate in your living will, as to whether or not you’re authorized to disconnect life support.  And then that person would then authorize the discontinuance of life support pursuant to your written instructions.

Many people say, “Well, I don’t want to be put on life support.”  There is a form called a “Do not resuscitate,” which is a DNR form; however, you have to be under a doctor’s care, and it’s usually whenever you’re in hospice and posted on a colored form over your hospital bed whenever you’re in hospice or in the hospital.  And if you do have a “Do not resuscitate,” and you go into a coronary arrest or some other life-threatening situation, they will not call in 911 or administer emergency care.  So it’s my suggestion, just as a precautionary measure – no one usually wants to be sustained if you’re in a permanent vegetative state – to have a living will so your loved ones will not be burdened with that problem if you’re never going to reach consciousness again and they have to support you in an assisted living facility or in a hospital.

So I suggest you do have a living will.  If you have any questions, give me a call at 727-847-2288.

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Can I Prepare Estate Planning Documents for My Relative with Dementia?

 

Video Summary

I have a question from one of our clients who has inquired as to whether or not they can do estate planning for one of their loved ones that’s suffering from dementia. Unfortunately, you can’t do estate planning for someone else.  That’s something that they must do.  Depending on what stage of dementia they’re suffering from, they may or may not still have the mental capacity to sign the estate planning documents.  The test is whether they understand who their natural beneficiaries would be, such as children.  Also, they must be able to have some idea of the extent of their assets.

So if they understand who they would ordinarily leave their money to or who it would go to under the laws of the state of Florida if they don’t have a will, and also, the extent of their money, it may be advisable to complete all estate planning before that person’s capacity diminishes further and it’s too late. If someone’s in the early stages of dementia, they still may have the mental capacity to make a will, but you can’t make a will for someone suffering from dementia or someone that’s not.  It’s something that that person must do.

If you have any questions about that, please give us a call at (727) 847-2288. Thank you.

 


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What is a Health Care Surrogate?

 

Video Summary

A common estate planning document our clients inquire about is a Health Care Surrogate. In this statutory document, you name an individual who you give authority to make medical decisions in your behalf in the event that you are unable to do so. Also, according to HIPA laws, medical providers are not allowed to disclose your medical information. In a Health Care Surrogate document, you authorize health care providers to release your medical information to the designated party.

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Advance Medical Directives Video Index

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