by Laurie Ohall | Oct 11, 2011 | Estate Planning, Florida Laws, Health Care Directives, Living Will
A DNR order is not the same as a living will. A DNR is an order signed by a doctor which indicates that the patient should not be resuscitated.  This has to be signed by both the doctor and the patient (or their healthcare surrogate, healthcare proxy or court...
by Laurie Ohall | Sep 15, 2011 | Estate Planning, Florida Laws, Guardianship
Why is a guardianship necessary? A guardianship is a legal proceeding whereby an individual (the “ward) is determined to be incapacitated, their rights are taken away, and a guardian is appointed to take care of the ward and exercise the legal rights of the ward.  ...
by Laurie Ohall | Sep 12, 2011 | Elder Law, Estate Planning, Guardianship, Long Term Care Planning
How is someone found to be incapacitated? Any person can file a petition with the court stating that they believe an individual to be incapacitated. The court then appoints an examining committee of three people to evaluate the individual and render an opinion of...
by Laurie Ohall | Sep 10, 2011 | Estate Planning, Florida Laws, Guardianship
I frequently get phone calls from parents with minor children asking about how they can appoint someone as the legal guardian over their child should something happen to them. The answer is pretty simple – you can sign a legal document designating an individual (or...
by Laurie Ohall | Aug 30, 2011 | Estate Planning
The court costs are separate from attorney’s fees. Whomever opened the estate (usually the person wanting to be the personal representative) was the person who paid the filing fee to the clerk of court. However, if the estate planning case is contested and each...
by Laurie Ohall | Aug 27, 2011 | Estate Planning, Florida Laws
In order to fully answer this question, more facts are necessary. Did you receive a cash inheritance and pay off the mortgage on your home? Do you currently have creditors or are there any in the foreseeable future (i.e., possible lawsuits that you know may be filed...
