Miami Probate - Probate in Florida
Probate, family law and elder law are often interconnected, so it's not unusual for a probate lawyer to have expertise in all of those areas. If you have concerns about the care that a parent, child or close personal relation is receiving, or are concerned about their ability to manage their affairs, a probate lawyer can assist you in securing the care that they need. A Miami probate lawyer can also help you with estate planning in advance so that issues of guardianship and appointment of a conservator do not arise.
Imagine a situation where you are incapacitated due to an accident or illness. The doctors propose a complex and somewhat controversial medical procedure, but your family disagrees on whether or not to agree to it. Who makes that decision? In most cases, the decision will fall to your next of kin - usually your spouse, parent, child or sibling. There are situations, though, where it's not clear who is legally allowed to make that decision for you, or where a person other than the next of kin disagrees enough to file a petition with the probate court to grant guardianship to them or another. You can spare your family those difficult decisions by appointing a trusted person to serve as your health care surrogate in advance. The time to make that decision is before the situation arises. With a Designation of Health Care Surrogate in place, you can be certain that your wishes will be followed and your family will be spared the difficulties that often arise in making those decisions.
In the same way, you can designate a trusted person to make financial and legal decisions on your behalf in the event that you are incapacitated and unable to make those decisions for yourself. Florida probate law allows for several different forms of power of attorney that can be put in place in advance. A Miami probate lawyer can explain the implications of each different type of power of attorney so that you can make an informed decision about which is the best type for your situation and preference.
As the population grows older, many issues in elder law are becoming more and more common and important. One of the largest of these issues is ensuring necessary care for an elderly parent without depleting their estate and assets. Many Miami probate lawyers specialize in helping their clients qualify for Medicaid and other sources of medical care. Some specialize in securing assets for future generations while ensuring that their clients receive the health care that they need during their lives.
Whatever decisions you are facing concerning your estate or the care of yourself or a loved one, a Miami Probate Lawyer can assist you in coming up with an estate plan that ensures their care and management for their assets throughout their lives and after their death.
