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  • Home
  • About
    • What is Elder Law?
    • Our Philosophy
    • Our Team
  • Practice Areas
    • Estate Planning
    • Wills and Trusts
    • Probate and Trust Administration
    • Incapacity Planning
    • Medicaid Long-Term Care Benefits
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  • On March 28, 2020
  • in Advance Directives, Estate Planning, Long-Term Care, Wills

What Are Advance Directives?

When Florida lawyers use the term “advance directives”, what do we mean? Advance Directives is the umbrella term that describes documents that you put in place before you become incapacitated that are designed to speak for you if you do become incapacitated. These documents include:

Health Care Surrogate

The health care surrogate is the person who talks to the doctor and makes medical decisions for you if you are unable to do so.

Living Will

The only job for the living will is to state whether you do or do not want to be kept alive by artificial means.

Do Not Resuscitate Order (“DNR”)

The Do Not Resuscitate Order is a medical order that is put in place by your doctor, not your lawyer. The DNR states that your do not want to receive CPR.

Durable Power of Attorney (“DPOA”)

Your agent under your durable power of attorney, in general, handles anything that needs to be done for you that is not medical in nature.

However, Florida has very strict requirements as to what language has to be included in your durable power of attorney to allow your agent to take certain actions on your behalf. If this language is not included in your durable power of attorney (and in many cases also initialed by you), then your agent cannot take those actions for you and your family may have to start a court guardianship proceeding to have a guardian appointed to take those specific actions on your behalf.

Who To Choose As Your Agent For Your Advance Directives

Choose your agents carefully and wisely. You are giving them the power to make health and financial decisions for you as if they were you. They have to be people that you trust unconditionally to do the right thing for you.

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Edwards Elder Law - St Petersburg

Whether you are looking for guidance regarding an elder law issue for a family member or yourself, you can turn to Edwards Elder Law. We help people who have an immediate need for long-term care assistance, as well as people who want to start talking about their options for paying for long-term care assistance before they have this need.

Practice Areas
  • Estate Planning
  • Wills and Trusts
  • Probate and Trust Administration
  • Incapacity Planning
  • Medicaid Long-Term Care Benefits
  • VA Aid and Attendance Benefits
Contact Us

Edwards Elder Law, P.A.
St. Petersburg Elder Law Attorney
2510 1st Ave. N.
St. Petersburg, FL 33713
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(727) 209-8282

Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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