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Florida power of attorney lawyerThere is significant confusion and misinformation surrounding the effects of a power of attorney. Many people hesitate to execute these critically important emergency documents out of fear that they may surrender personal or financial rights to the agent named in a power of attorney. This is not the case unless you wish it to be so. A power of attorney is given only what limited rights and powers you intentionally grant them in your documents. Powers of attorney are highly flexible and customizable documents. It is not advisable to use a standard-form power of attorney obtained from an online source. The most secure way to obtain precisely the powers of attorney you want and need in this moment is to work closely with an attorney who can draft a customized document for your protection. An attorney can include only such powers as you are willing to convey, to take effect upon the circumstance or event of your choosing. 

What Is a Springing Power of Attorney?

A springing power of attorney is one that takes effect only when a specific event has occurred, most commonly the incapacity of the principal. Many individuals who sign powers of attorney are not prepared to grant immediate powers or privileges of any type to their agent, regardless of the level of trust between them. This goal can be accomplished using a springing power of attorney. Written in a manner as to have no effect until the principal has become incapacitated, there is little risk in executing such a power of attorney.

Powers of attorney are often discussed in the larger context of incapacity planning for this reason. A springing power of attorney is used as more of a contingency document, granting no powers or permissions whatsoever until the principal has been formally deemed incapacitated. 

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Top 5 Reasons to Have an Estate Plan

Posted on in Estate Planning

Broward County estate planning lawyerRoughly 67% of American adults have no estate plan at all, according to CNBC. This is a startling percentage. Estate planning is important for everyone, no matter their personal or financial situation. Whether you have a million dollars in the bank or just a small family home and few other assets, estate planning is for you. A strong estate plan can protect your family and make a difficult time less stressful. It can also protect you during your lifetime if you ever become unable to express your own wishes.

There are a lot of very strong reasons that you should have at least a simple plan in place, and very little reason not to make one. Our attorneys strive to make the process as easy as possible for each client while working to build a plan that will meet each of your personal goals. 

Reasons You Should Start Making an Estate Plan Today

Some of the most important reasons you should have an estate plan include:

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Florida estate planning attorneyYou already know that you can use your will to distribute your property after your eventual passing. This is generally the main reason that people make their wills. However, you can do so much more than simply name the individuals you would want to receive certain property or amounts of money. You can place conditions on gifts to motivate your descendants to do things like finish college. You could even use your will to protect a pet you adore. Everyone should know what the possibilities are so that you can make sure you are getting the most out of your will.

The law surrounding wills and what you can do with them can be complex and nuanced, so you will need to work closely with a qualified attorney who understands this body of law well. Law Office of Miller & Miller, P.A. will help you understand what all of your estate planning options are so you can make well-informed choices. 

Objectives That Your Will Can Accomplish

Many people are surprised to learn how much they can accomplish in this one document. A few things that you can do in your will include: 

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Fort Lauderdale estate administration lawyerNo one likes going through a probate court in order to get their inheritance. If you have recently lost a loved one who named you as a beneficiary in their will, however, you probably do not have a choice. Probate can be a long and complicated process. It may take a lot of work in order to do everything the right way and in accordance with Florida law.

The particular difficulties and challenges you may face trying to claim what is yours will depend on a number of factors, including how legally sound the will is and how complicated its terms are. In very simple cases involving small estates, you may be able to avoid full probate and use a streamlined process that is a little more DIY-friendly. However, beneficiaries in larger or more complex estates may ultimately need assistance from a qualified probate attorney. 

Deciding Whether to Work With a Probate Lawyer

If you anticipate going through full probate, it is highly advisable to bring in a lawyer from the start. Full probate is a multi-step process that can take years and become quite costly. A mistake in the probate process could set you back quite a bit as well. You may want to consider hiring a probate lawyer if you are dealing with circumstances like: 

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Florida guardianship lawyerGuardianship is a legal means by which an adult can be placed under the care of another person. When a person is under guardianship, they can no longer make important decisions for themself, including choices about where to live, how to spend money, or what kind of medical care they should receive. In Florida, guardianship is most commonly used to protect an elderly person who has become incapacitated and cannot manage their own care, finances, or day-to-day life anymore.

Guardianships can also be used to keep a disabled child who has turned 18 years old in the care of a family member, or to allow a responsible person to take over making decisions for someone who is severely mentally ill or addicted to drugs. Many senior citizens would never want to be subjected to a guardianship, and fortunately, there are ways to prevent this

Explaining Florida Guardianships 

Guardianship proceedings are public. The evidence used to prove the need for a guardianship, which often includes very personal medical and mental health information, is submitted in open court. Records the court keeps in its efforts to oversee the guardianship can also become public.

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