Client Resources
Estate Planning
Wills
A will is a written direction controlling the disposition of property at death. The laws of each state set the formal requirements for a legal will.
Revocable Trusts
A revocable trust is a document (the “trust agreement”) created by you to manage your assets during your lifetime and distribute the remaining assets after your death. The person who creates a trust is called the “grantor” or “settlor.” The person responsible for the management of the trust assets is the “trustee.” You can serve as trustee, or you may appoint another person, bank or trust company to serve as your trustee. The trust is “revocable” since you may modify or terminate the trust during your lifetime, as long as you are not incapacitated.
Powers of Attorney
A Power of Attorney is a legal document delegating authority from one person to another. In the document, the maker of the Power of Attorney (the “principal”) grants the right to act on the maker’s behalf as their agent. What authority is granted depends on the specific language of the Power of Attorney. A person giving a Power of Attorney may make it very broad or may limit it to certain specific acts.
Probate
Probate is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts and distributing the decedent’s assets to his or her beneficiaries. In general, the decedent’s assets are used first to pay the cost of the probate proceeding, then are used to pay the decedent’s outstanding debts, and the remainder is distributed to the decedent’s beneficiaries.
Elder Law
Medicaid
Medicaid is a joint federal and state program which provides healthcare and long-term care benefits to low-income individuals, families, children, pregnant women, the elderly, and people with disabilities. The program is administered by the state in which the applicant resides, and eligibility requirements may vary from state to state.
Guardianship
Guardianship is a legal proceeding in which a competent adult (the guardian) is appointed by the court to exercise the legal rights of a minor child or an incapacitated adult (the ward). These proceedings are governed by Chapter 744, Florida Statutes. In the case of individuals with developmental disabilities, a guardian advocate may be appointed instead of a guardian under Section 393.12, Florida Statutes.