Estate planning is a crucial process that ensures your wishes are honored and your loved ones are taken care of after you’re gone or if you become unable to make decisions for yourself. Yet, many people are unsure about the different components involved, such as the distinction between a living will and a healthcare surrogate designation, or the steps to take if no power of attorney is in place. This blog aims to demystify these essential elements, providing clear answers to some of the most common questions my clients ask. Whether you’re starting to think about your estate plan or looking to update existing documents, this guide will help you navigate these important decisions with confidence.
What’s the difference between a Healthcare Surrogate Designation and a Living Will?
A living will specifies your preferences for life-sustaining medical treatments and nutrition/hydration if you face terminal illness or permanent unconsciousness. You can choose to accept or refuse life-sustaining measures in a Living Will. A Healthcare Surrogate Designation allows you to appoint someone to make healthcare decisions on your behalf if you’re unable to do so, they also can be the person to invoke the timeliness of your Living Will.
What happens if I’m incapacitated without a Power of Attorney or Healthcare Surrogate Designation?
If you haven’t authorized someone to manage your affairs or make healthcare decisions and you become unable to do so yourself, a court may need to appoint a guardian. This guardian would handle your finances and make healthcare decisions for you, which might be a single person or different individuals for each role.
How is a guardian appointed?
Anyone concerned, such as a relative or state official, can request that a guardian be appointed for you. You’ll be notified about the petition and the hearing. The court assigns a guardian ad litem to assess your situation and recommend what’s best for you. You also have the right to legal representation during this process.
Who is responsible for handling probate?
Typically, the Personal Representative named in your will oversees the probate process. If there’s no will or no named Personal Representative, the court appoints one, usually the closest capable relative or heir. If formal probate isn’t necessary, a close relative or friend might handle the estate informally, taking care of debts, taxes, and asset distribution.
Get Expert Guidance on Your Estate Planning Needs.
As a Florida-based estate planning attorney, I understand the complexities of these processes and the importance of having a well-crafted plan. To ensure your estate is handled according to your wishes, and to avoid the potential for court-appointed guardians or administrators, consider speaking with a professional. Call our office today for a free consultation to discuss your specific estate planning needs.
Heidi S. Webb, Attorney at Law serves clients in Daytona Beach, Ormond Beach, Port Orange, and beyond with matters of Elder Law, Estate Planning, and Small Business Law. Contact her today to schedule a free consultation. Visit her page on Facebook, or see what her clients are saying to learn more about Heidi.
