Have I waived my rights if I signed a consent form for a medical procedure or a general waiver of rights?

The average medical consent form is an acknowledgement of the risks that may be associated with the procedure. It is not intended to deny you of your rights. Even if you sign a medical consent form, the doctors and staff are still required to follow standard procedures and provide you with professional medical care. You may be able to file a lawsuit if there is any deviation from these standards or if there is failure to follow medical safety guidelines. General waivers of rights are much different from medical consent forms, as they are intended to free the other party from a certain amount of liability or to protect their right to enforce their policies. You may buy a ticket to a sporting event that has a waiver printed on the ticket. This is intended to protect against lawsuits by patrons who suffer event-related injuries at the sporting event. This does not, however, ban law suits related to unsafe conditions or other types of negligence at the sporting event. Whether you have signed a consent form or a waiver of rights, contact an attorney so they can discuss your situation.

What are living trusts, revocable trusts, and revocable living trusts?

To minimize confusion, all of these terms mean the same thing and can be used interchangeably. For the sake of simplicity, the term “living trust” will be used here. Living trusts are created during a person’s lifetime for the purposes of handling financial matters such as ownership of property and control of assets. A person can create a trust and transfer all ownership of assets to the trust itself, naming themselves as the “trustee.” This still gives the person full access and decision-making abilities in regard to all assets now owned by the trust. The person can name a “successor” trustee, so that in the event of their death or disability, access to all assets owned by the trust will be granted to the successor trustee. Married couples can also name themselves “co-trustees” so that they can share access to the assets within the trust.

Why is the Power of Attorney document so important?

If a person suffers a period of incapacity, whether short-term or long-term, a power of attorney can be used to pay bills or handle other business matters. Without a power of attorney, a Court guardianship proceeding will be required and these proceedings are costly and invasive.

The Villages Estate Planning Lawyers

Office Information

Address

Bogin, Munns & Munns, P.A.
8564 E County Road 466, Suite 102
The Villages, Florida 32162

from 8:00 to 5:00
352.391.6031

Estate planning in The Villages can allow you to make sure your loved ones will be provided for in the event of an unexpected event. Estate planning can be an important step for you to take at any age, especially as you grow older here in Florida.

You can get legal assistance with all aspects of estate planning. The Villages estate planning lawyers at Bogin, Munns & Munns can review your unique circumstances to help you make an estate plan. Secure assistance by calling (407) 578-9696.

Review Estate Planning Options With a Legal Team

Estate planning in The Villages can be very complicated. Your estate plan should meet your specific needs. You may want to focus on a variety of complicated legal activities with the help of an estate planning lawyer. A lawyer can help you:

Plan for the use of Medicaid
Draft your will
Plan your retirement
Create a trust
Develop an estate plan

Here at Bogin, Munns & Munns, we understand that you may need some or all of the above services. You can select the estate planning services you want to pursue in order to increase your peace of mind regarding the future. Ensuring you have an effective estate plan that meets all of your needs is our goal.

Estate Planning Documents Available in The Villages

There are a number of specific legal documents associated with estate planning. You may need to complete some or all of the following documents, depending upon what you want out of your estate plan. The team at Bogin, Munns & Munns may be able to help you complete a:

Living will: a living will includes information about how you want your medical needs handled in an emergency situation. It can allow you to clearly state your wishes for a health care plan in situations where you are unable to make your wishes known. An example is given under Florida Statute §765.303.
Health care surrogate: a health care surrogate form, per Florida Statute §765.202, allows you to designate another person to make decisions about your health care. You may use this form in conjunction with a living will.
Durable power of attorney: your durable power of attorney, per Florida Statute Chapter 709, allows you to give someone else the ability to handle your assets. Note that this document only grants someone else control over your assets if you are incapacitated.
Will: you can decide how you would like to distribute your assets to your beneficiaries with a will, as shown under Florida Statute §732.502. You can also select an individual to handle the distribution of assets in your will.
Trust: you may decide to create a trust as a straightforward way to ensure your beneficiaries get the assets you want them to have. In many cases, a trust can increase the efficiency of the distribution of your resources, as explained under Florida Statute Chapter 736.
Guardianship: you may wish to set up a guardianship if you have minor children, which is described under Florida Statute Chapter 744. In the event of an unforeseen circumstance, a guardianship can allow you to rest easy, knowing you have selected someone to care for your children.

The Villages estate planning lawyers at Bogin, Munns & Munns may be able to help you complete any of the paperwork you need to ensure your future is in order. Reach out to the team right now by calling (407) 578-9696.

Estate Planning for Your Financial Affairs and Medical Care

Estate planning in The Villages can help you determine how you would like your assets divided. However, it can also allow you to provide guidance on how you would like your financial affairs handled if you are incapacitated.

You can complete a durable power of attorney to allow someone else to take care of your financial affairs in the event that you cannot manage them on your own. A durable power of attorney may allow a designated individual to:

Purchase or sell real estate for you
Write checks for you
Take care of your tax returns

You should be aware that these are only a few of the financial responsibilities granted to an individual through a durable power of attorney. You can also select someone to be your health care surrogate through estate planning.

Your health care surrogate can make choices about your medical treatment if you are incapacitated. They should obey your wishes about life-sustaining treatments in The Villages. Some people feel more comfortable setting up a living will. Decisions regarding your health care choices can remain in your hands with a living will.

Estate Planning and Probate Court in The Villages

Many individuals in The Villages focus on estate planning to control their finances in the event of their death. Completing estate planning with a lawyer may ensure your assets reach the individuals you select.

Note that if you do not complete estate planning by drafting a will or setting up a revocable living trust, your estate may end up in probate court. From the Florida Courts website, the probate court system can then assess your assets and any possible debts associated with your estate.

Florida’s probate court system often takes a significant amount of time to assess an estate. Until the court process is completed, your beneficiaries cannot receive any of your assets. Additionally, the court may use your assets to pay different debts against your estate.

Finally, there are a number of fees associated with the probate court system. Your assets may pay court fees instead of ending up in the hands of your loved ones. The Villages estate planning lawyers from Bogin, Munns & Munns can assist you in preventing this from occurring.

Contact an Estate Planning Lawyer in The Villages Now

You can get legal assistance on your side from The Villages estate planning lawyers from Bogin, Munns & Munns. You can reach a member of our team easily by calling (407) 578-9696 to get a free consultation.