Taking Care of You and Others
Last Will & Testament
Durable Power of Attorney
Last Will & Testament
Your Will memorializes how you wish to divide assets that are in your name (and not co-owned with another). Last wills can - and should - be changed whenever you have a significant change in your life.
If a person does NOT have a Will, then Florida law dictates how things get distributed upon death. This can lead to unintended results, serious family disputes, and resentment.
Caution: most free/discounted forms do not provide correct and necessary language. You get what you pay for, but with these forms, you cannot fix it once they are needed.
Living Will
Durable Power of Attorney
Last Will & Testament
Unlike the Last Will & Testament, the "Living Will" is a document that is used at the very end of your life. It expresses your wishes as to whether you want life-prolonging procedures used to sustain your life, provided two physicians determine there is no chance of recovery when you are in a persistent, incapacitated, terminal, end-stage medical condition.
No advocate or agent is named to make the decision. Instead, the Living Will informs your physician and family members of your wishes, and they must honor those wishes.
Durable Power of Attorney
Durable Power of Attorney
Durable Power of Attorney
The Durable Power of Attorney (DPOA) names someone you trust as an "attorney in fact" (agent) to act on your behalf. The DPOA lists the acts the agent is authorized to do, if you are unable to.
The authority (power) given can be limited or broad. The power typically includes the authority to take care of your finances, do estate and gift planning, tax returns, apply for benefits, and handle long term care planning.
The DPOA can become effective quickly without the need of court approval or any supervision. It remains valid until it is revoked.
Health Care Surrogate
Guardianships and Pre-Need Guardians
Durable Power of Attorney
If you cannot speak, who will make the best decision on your behalf regarding risky surgery, which hospital or Rehab facility you should be in, what doctor and medication is best, etc.?
In your "Health Care Surrogate Designation" you name someone you trust to make medical decisions in your best interest. It is signed in advance, in case you become seriously injured or seriously ill and cannot make your own medical decisions.
Doctors will honor this document and will honor your health care surrogate's decisions made on your behalf.
Also, you may list certain medical procedures that you do not wish to have performed.
Guardianships and Pre-Need Guardians
Guardianships and Pre-Need Guardians
Guardianships and Pre-Need Guardians
Regardless of age, Guardianships sometimes are necessary for those who become incapacitated and unable to manage their own affairs. Ms. Emery represents those who are alleged to be incapacitated (the "AIP"). For help with any guardianship matter, please contact the office.
In addition, a Pre-Need Guardianship Designation is a document that names a trusted person to serve as a guardian of you (in the event you become incapacitated). It is also used to name who will care for minor child(ren) in the event the parent dies or becomes incapable of caring for the child(ren).
By naming your person, you prevent the Court from appointing a stranger or untrustworthy person to serve as a guardian under such circumstances.
Remember Your Pets
Guardianships and Pre-Need Guardians
Guardianships and Pre-Need Guardians
Pets are family! A Pet Care Plan may be created to provide for the care of your pet(s) that are alive during your lifetime.
Ms. Emery works diligently to make the necessary and appropriate plans to give clients a peace of mind that pet(s) will continue to receive the same level of health care, diet, comfort, housing, and attention, in the event a sudden accident, illness, or death occurs, making it too difficult for you to continue to care for your pet(s) either temporarily or permanently.
Pet Care Plan Packages - Prices
Bare Bones Special
Your own pet's instructions for your pet's guardian: "My Pet Guardian's Golden Guide" by C. Emery
Certificate for Pet Guardian
Bare Bones Special with Trust
This package includes a Trust, which is a binding legal document that has "teeth."
This package includes:
Legal Consultation Fee
Detailed Pet Instructions for Pet Guardian
Pet Care Trust Document
Certificate for Pet Guardian
Deluxe Fur Coat Coverage (Human/Pet Combo)
This package is one of the best deals in town protecting you AND your pet.
It includes:
Legal Consultation Fee
Pet Power of Attorney
Detailed Pet Instructions for Pet Guardian
Certificate for Pet Guardian
PLUS 5 documents for YOU, the human:
1) Living Will
2) Power of Attorney for you
3) Health Care Surrogate
4) Declaration of Pre-Need Guardian
5) HIPAA Release Form
FAQs
1) Q: Does it cost extra if I have more than one pet?
A. Only if there are more than 2 pets,. Then there is a charge of a 10% fee for each pet from the third one on.
2) Are there any discounts offered?
A. Yes, at this time, discounts are offered to those who sign in at my booth at events, to military members and to government employees.
3) Is a Trust necessary?
A Trust is not necessary, but it is enforceable and helps to ensure the Guardian will care for your pet according to your personalized instructions. Let's talk to see what will work best for you.
Probate administration
Summary and Formal Administration
With her compassion and gentle demeanor, Caroline Emery helps families through difficult times while she represents the Personal Representative in probate administration, which is the post-mortem stage. Families who are in a fog because they have lost a loved one can focus on grieving. Her clients find comfort in knowing that Ms. Emery is there to walk them through the legal process, which at times, can seem overwhelming and complicated. She is familiar with the highly technical procedures and critical deadlines that must not be missed.
A Personal Representative must hire an attorney admitted to practice in Florida unless the Personal Representative is the SOLE beneficiary of the estate, according to the Florida Probate Rules.
When a person ("decedent") dies, the assets are distributed through Probate Court if the assets were owned solely by the decedent. If the assets were jointly held, were designated to a beneficiary, or in a Trust with a beneficiary designation, they will pass automatically to the joint account holder or to the beneficiary because there is no need to prove, or probate, these assets. All other assets require the Probate Court to determine title or ownership.
If the person died with a valid will (legally referred to as dying “testate”), the assets will be distributed by either a “Summary Administration” or a “Formal Administration” depending on the amount of assets in the estate and how long it has been since the date of death. Technical procedures must be followed to appoint the Personal Representative. Also, creditors who are either known or suspected to exist MUST be notified properly and timely.
If the person died without a will (legally referred to as dying “intestate”), then Florida law designates who the beneficiaries are and who has priority to serve as Personal Representative.
This should serve as a reminder not to delay, and to prepare your own Last Will & Testament to avoid unintended distributions of your assets according to Florida law in the absence of a Will.
