Florida Elder Attorney , Guardianship, Estate Planning, Probate, Trust Law, Richard Padgett 7145 Mariner Blvd., Spring Hill, Florida 34609 - Phone 352.596.4433
Richard Padgett Elder Law Attorney in Spring Hill, Florida
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What We Do...
Through the use of estate planning documents, Trusts (Living, Revocable, Inter-vivos), Irrevocable Trusts, Special Needs Trusts, Qualified Income Trusts and Trusts in Wills (all the preceding trusts may be used in Medicaid planning), Last Will and Testaments, Durable Powers of Attorneys, Health Care Surrogates, Living Wills or Advance Directives, Pre and Post Marital Agreements, Guardianship and understanding probate, and probate avoidance in appropriate cases, are many of the tools used to help the client and are matters and issues that are frequently discussed in consultation between the attorney and client, and sometimes the client's family or trusted relatives or trusted friends, and if no family or trusted friends, sometimes the attorney can arrange for someone to assist.

Power of Attorney
A signed Power of Attorney document gives another person (the Attorney in fact) the ability to act on behalf of the individual (the principal) without requiring any active participation by the principal.

Designation of Health Care Surrogate
Florida law provides for a "Designation of Health Care Surrogate". The surrogate can make health care decisions only when the patient is unable to make such decisions.

Living Wills
The Florida Legislature has drafted statutory forms for advanced directives including the Living Will and Designation of Health Care Surrogate. More specific information can be added to the statutory form to fit individual needs. If the patient's wishes are not stated explicitly in the Living Will, many Florida hospitals will refuse to follow the treatment (or no treatment) wishes of the person who signed the living will, or, require a court hearing to determine the course of treatment.

Revocable Living Trust
A Revocable Living Trust is a very flexible estate planning tool. It is used to avoid probate in most situations, it is used to avoided guardianship in the event of incapacity, it is used to protect children, especially minor children or children with special needs, and it is used to provide privacy whereas probate is made part of the public record. There are other uses that are determined on an individual basis.

Each Case Must be Examined to Determine:

  1. If the trust can be used to the client's advantage.
  2. If a trust is cost effective for the particular needs of the client.

What We Don't Do...
Our office does not do everything that encompasses elder law. For instance we do not handle Social Security Disability claims and appeals, nor nursing home medical malpractice, personal injury litigation, complex tax situations and family law matters (divorces, legal separations, etc.). However, we can associate other legal experts in those fields.

 

Power of Attorney, Designation of Health Care Surrogate, Living Wills, Recovable Living Trust

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Richard Padgett Elder Law Attorney in Spring Hill, Florida

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