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Necessary Dooms Day Documents By: Larry E. Bray, Esquire Law Offices of Larry E. Bray, P.A. In the wake of various well known cases involving people who are unable to make their own choices, such as Terry Schiavo, it is very important that you give serious thought to basic family estate planning tools such as the living will and the health care surrogate designation. You should also, think about a testamentary will or revocable living trust and a durable power of attorney. Many people feel that the catastrophes these “dooms-day documents” are meant to address are just so remote and so difficult to think about. With our busy schedules, it’s hard to take the time to go to a lawyer’s office, tell your life story, think about your mortality and get it done. People are under the misconception that it’s too expensive and these things cannot happen to them. But the facts are: (1) things can happen at any time, (2) it doesn’t take a lot of time, (3) it’s not expensive and (4) you don’t even have to leave your house except to have two witnesses present when you sign (plus a notary if it’s a will). In fact, if you don’t care that you don’t actually meet the attorney who prepares your documents, the whole ball of wax can be done without ever going to a lawyer’s office. The information can be taken over the phone, payment can be mailed, documents can be mailed to you for review, and then they can be executed anywhere there are the proper witnesses and a notary if needed. Some banks and brokerage houses will do this for you. Or, if you can’t find a spot, the lawyer who prepared the documents will be happy to supervise their execution in his/her office. Execution can be accomplished in under twenty minutes. As to the living will, you all know that the Terry Schiavo matter was heartrending no matter what side of politics you were on. The execution of a living will and a healthcare surrogate designation keeps you in control of your own destiny even if you are incapable of expressing your wishes any longer. It allows you to choose, while you still can, how you are to be dealt with in the event that the only thing keeping you alive is a machine. Your designated healthcare surrogate is selected by you to make decisions on your behalf if you can’t. That person should be someone very close to you and who can be trusted to carry out your wishes in accordance with your instructions thoughtfully set forth in advance in your living will. Thus, the title “advance directives.” If the document is properly prepared, there is a formal procedure set forth therein for the proper determination of your condition. Even then, your trusted health care surrogate can still refuse if he/she thinks that it’s Accounting Management Advisors Elisa A. Armetta, CPA Owner elisa@cpaservices.org www.cpaservices.org Certified Public Accountants & Consultants 561•357•8885 We Save You Money! Tax Returns Starting At $125 ...With Free E-File • Income Taxes & Accounting • Payroll & Bookkeeping Services • Wills & Trusts • Estates... 4175 S. Congress Avenue, Suite J Lake Worth, FL 33461 E-mail your tax questions to AdviceWise@floridawisemagazine.com just not the right time. So, those TV dramas where the surgeons stand over a still warm body waiting to harvest organs, are just that, TV. There are procedures in place to prevent that from happening. Both the living will and healthcare surrogate designation, if properly drafted, also address privacy issues that have now come into all of our lives via “HIPAA” (the Health and Income Portability and Accountability Act of 1996). Because of this legislation, even immediate family members can be prevented from seeing a loved one’s medical records, which may be needed for decision making purposes, unless your doctor and the hospital have your living will on file with the proper HIPAA authorizations contained therein. This has been a nightmare for at least two of my clients who came to me for help to remedy this very situation. Surely, this article is not meant to preach nor should it be construed as advice as to what your living will should say about unthinkable things. The intent here is simply to sensitize anyone 28 September 2005
eading this to think about this stuff. And maybe, in doing so, someone will realize that it really is important to express their thoughts on the subject, in some legally recognized manner, in advance of anyone ever having to think about it. Think about how GOOD you’ll feel if you just make the little effort and take the little time it takes to do the right thing. Like Walter Brimley says, “It’s the right thing to do.” For questions or comments, contact Larry Bray, Esquire through the Law Offices of Larry E. Bray, P.A. at 561-296-5291 or Lbray@bray1.com ❂ Are You and Your Family Protected? - You need a Will or Living Trust and a Living Will! It’s quick, it’s easy, it’s inexpensive No office visit required • Probate • Durable Power of Attorney • Health Care Surrogate • Elder Law • Corporate & Business Advice • Commercial Transactions • Civil Litigation • Real Estate Investment • Real Estate Contracts • Real Estate Closings • Low Rate Mortgages (No Broker Fees) • Title Insurance Law Offices of Larry E. Bray, P.A. 3175 Congress Avenue, Suite 205, Palm Springs, FL 33461 Phone: (561) 296-5291 Fax: (561) 296-9966 E-MAIL: LBRAY@BRAY1.COM WWW.BRAYLAWOFFICES.COM The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. * Mention FloridaWise Magazine and receive a 15% Discount Continued from page 23 salaried employee, not a licensed realtor. 3. Hire someone who will protect your best interests. Sellers often sacrifice service and representation when using these agencies. A reputable realtor will be willing to fight for your best interests and offer guidance through a complicated process. Choosing the offer is one of the most important things that a full service provider can help sellers do. A professional real estate agent will be able to put thousands of dollars or more into a seller’s pocket because of the research they provide. Limited service firms have been around for as long as I’ve been selling real estate. Track record and experience are very important in receiving top dollar. As a seller you want to receive the highest price, with the best terms, in the shortest amount of time. Are these limited service real estate agencies able to do that at their reduced fee? The answer is clearly “NO”! ❂ West Lake Worth Chamber Referral Group Meets Every Thursday at 7:30 am At Laguna Country Club If you want to surround yourself with positive, upbeat, ambitious and supportive people to help you grow your business please don’t hesitate to join us at one of our leads meetings to see how we help promote our members. For information please call 561-414-9633 FloridaWise Magazine 29
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