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Hill Law Group, P.A. Elder Law Attorneys St. Petersburg, Pinellas County, Florida |
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| Elder Law: Medicaid / Asset Protection ~ Wills & Trusts ~ Estate Planning ~ Florida Probate Law ~ Guardianship | ||
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What is an Elder Law Attorney?
Elder law attorneys at Hill Law Group are a resource to their clients because they understand their clients' needs may extend beyond basic legal services. They stay informed and connected to the local networks of professionals who serve the elder population throughout Pinellas County, Florida.
Living Will Also an advance directive, a Living Will expresses to the doctors and others a person's wishes regarding the use of life-sustaining medical procedures under three conditions in Florida: an end stage condition, terminal condition, and a persistent vegetative state. A Living Will is NOT a substitute for a health care surrogate or durable medical power of attorney. Living Wills General or Specific Living Wills can be written in general or very specific terms. Elder law attorneys are typically more knowledgeable about many different circumstances for which a Living Will may be indicated. Living Wills should not be merely simple forms but should be as thorough as possible in communicating an individual's wishes. |
Advanced Planning
Elder Law includes estate planning, yet has a more comprehensive focus on Advance Directives, documents prepared for possible incapacity. Advance directives include:
Durable Power of Attorney for Property A durable power of attorney is a grant of authority
Through the durable power of attorney, the principal gives the attorney in fact authority to perform certain specified acts, or a broad range of acts, on behalf of the principal. Authorized acts may include handling finances, managing property or other tasks. Typically, durable powers of attorney are effective immediately upon execution. They always terminate at the death of the principal. Durable powers of attorney are not just forms. They are powerful documents that should be customized to meet each person's estate plan, goals, and family situation. Making your own power of attorney from a store bought form can result in difficulties. You should consult with a knowledgeable elder law or estate planning attorney for this kind of document. Can I have more than one agent or attorney-in-fact? Absolutely. Example: Frequently, a person will name their spouse and one of their children as attorney-in-fact with each having full authority. Do Not Resuscitate Orders A Do Not Resuscitate Order (DNRO) is a physician's order that is followed by medical personnel. A person cannot create their own order. When it appears that such an order is appropriate, the medical staff often approaches the individual or family about a DNRO. If they do not, the person, or their surrogate may wish to initiate by asking their physician to sign one. If I have signed a living will, do I need a DNRO also? Living Wills cover most circumstances. However, there are certain times when they are not sufficient. One of those times can be during transportation between a nursing home and a hospital. During transportation, without a DNRO, emergency personnel will resuscitate regardless of whether there is a living will. Therefore, there are times when both documents are needed in order to assure a person's end of life wishes are honored. |
Health Care Surrogate or Health Care Power of Attorney: The Health Care Surrogate Designation or Health Care Power of Attorney is a powerful document that can be used by your surrogate (the person you name) to assist you when you are unable to make your own medical decisions.
What can a surrogate do? The surrogate can access medical information and assist in making medical decisions when you need it, then, if you no longer need assistance, step out until you need help again. With a health care surrogate in place, medical staff will be able to provide your named surrogate with full information about your health status. The surrogate can also hire medical personnel for you, access insurance information, and make a variety of important decisions on your behalf. Medical privacy regulations under HIPAA may prevent hospitals, nurses, doctors, insurance companies, etc. from disclosing medical information to relatives and friends. A Health Care Surrogate is a document authorized by Florida Law that should allow for waiver of this privacy restriction so information can be given to those you want told about your medical situation. What if I DO NOT name a Surrogate? If you do not name a person to make decisions for you at the time you need them, two things could happen. Either the hospital could designate a Health Care Proxy to make decisions for you, or a court could appoint a guardian. In both cases there are various limitations made upon the decision maker and someone who does not know you will choose your decision maker. |
Hill Law Group, P.A.
2033 54th Ave N., Suite A, St. Petersburg, Pinellas County, Florida 33714
Phone (727) 343-8959 ~ Fax (727) 384-2437
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Hill Law Group - Elder Law Attorneys - medicaid planning/asset protection, nursing home care preparation, last will and testament, trusts, revocable trusts, irrevocable trusts, living trusts, special needs trusts, and testamentary trusts, advanced planning, living will, advanced directives, life care planning, Florida probate, guardianship, and estate planning in St. Petersburg, Pinellas County, Florida