Estate Planning Lawyer in Pensacola, Florida

Many people put off writing their wills or creating a trust. Then, when they finally get around to it, they are surprised at how relieved they feel. With the help of a competent Florida estate planning lawyer, you can create a good estate plan that will protect your assets and secure your family’s future.

It is satisfying to know that your wishes will be carried out, that your property will go where you want it to go, and that your heirs will be taken care of. Here at Brightwell Law PLLC, I enjoy helping my clients get that feeling of satisfaction.

 

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Why Do I Need an Estate Planning Lawyer in Pensacola, FL?

 

Having an estate plan in place is critical for many. Estate planning can provide peace of mind and comfort if something inevitable should happen. You need a credible Pensacola estate planning attorney who can provide you with the legal advice you need when making a plan for your future.

At Brightwell Law PLLC, I can help you with your estate plans, whether you are writing a simple will or whether you have complex trusts. I use my Florida estate planning experience and skills to anticipate and prevent problems and to help ensure that your wishes are carried out exactly the way that you want. I also assist clients with probate and estate administration, helping to resolve any conflicts and ensuring that my clients’ interests are protected. Call Brightwell Law PLLC now to start the process of creating an estate plan.

 

What is Estate Planning?

 

Estate planning determines how your assets will be managed and distributed after death or in the event you become incapacitated. It is an important step you can take to protect the best interests of your family. Planning provides time to carefully consider and review estate decisions and to create tailored plans that preempt any disputes.

A well-prepared estate plan ensures that your wishes are followed after your death, your family is spared unnecessary expense and delay, and that someone you trust will be in charge if you ever become unable to manage things on your own. A reliable estate planning lawyer in Pensacola FL can help make sure your estate plan is effective and able to withstand the challenges that may arise during probate administration.

 

What is Included in an Estate Plan?

 

 

Several documents make up a good estate plan. Each is important in its own way, and together they form a powerful representation of your final wishes. The various forms of estate plans have their unique features and benefits. A skilled Pensacola estate planning lawyer can help you create an estate plan that suits your needs.

Estate planning is more than just dividing your wealth. An estate plan can also be used to name a guardian for a minor child, make charitable contributions, ensure that dependents are provided for, and more. As such, a well-prepared estate plan might include many of the following:

Will

Wills are the most common and well-known form of an estate plan. A will is a legal document that expresses your last wishes for the distribution of your property or other assets. If you have minor children, your will should contain your desired guardians for them.

Wills can be changed at any time during your life. Therefore, creating one now is highly advisable, even if you think your mind may change in the future. While you can create your own will, it is highly advisable to consult with an experienced attorney to make sure your estate planning document will achieve your desired intent.

Trust

A trust is another estate planning tool often used to manage a property and avoid burdens from estate taxes. It is an efficient way to pass on your estate without the need for a lengthy and sometimes contentious probate process. It can either be created during a person’s lifetime or after death by a will.

The assets held by a trust can be used to pay for necessary medical, educational, and health-related expenses of the beneficiary of the trust. Because a trust is designed to exist for a certain period, the courts require that a trustee be chosen to administer and be responsible for the management of the trust.

Living Will

Living wills are an essential part of estate planning. A living, also called an advance directive, is a written statement that you complete in advance of a serious illness. It is a document that spells out your wishes for the time in which you are unable to make your own personal, financial, and health decisions. The time in which you are incapable of caring for your own affairs may either be temporary or permanent. Having an advanced directive in place helps to ensure that your wishes are carried out, even if you are unable to express these wishes verbally.

Power of Attorney

A power of attorney (POA) is a legally binding document that allows you to appoint someone to manage your property, medical, or financial affairs. It is essential if you’re incapacitated or not physically present to make decisions on your behalf. The POA gives the attorney-in-fact the power to make decisions about your affairs. The decision-making power of an attorney-in-fact takes effect at different times depending on which POA you choose.

Durable POA

A Durable Power of Attorney (DPOA), on the other hand, is a specific type of power of attorney that remains in effect even if the principal becomes incapacitated. This durability ensures that the agent can continue to act on the principal's behalf during times when the principal is unable to make decisions for themselves, providing continuous protection and management of the principal's affairs without interruption.

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HIPAA Release Form

 

In any medical scenario, it is important to consider the safety and privacy of your own medical record. Having this shared with different institutions can lead to emotional and mental damage. This concern can lead to a person losing their job, personal relationships, and private life. This is where the HIPAA (Health Insurance Portability and Accountability Act) comes into play.

The HIPAA is a form which helps protect your medical information from improper disclosure or unauthorized release. Given that a healthcare provider such as a hospital is your main caretaker during this medical concern, they have the responsibility to take care not only of your health care, but also your medical privacy. But a lot of times, these institutions neglect their duty and don’t take the steps necessary to uphold the privacy rule to protect your information. The HIPAA acts as your way of ensuring that your rights will be covered in these situations.

Why do I need a HIPAA Attorney in Florida?

In many cases, our clients have noted that they were unsure if they were a victim in health privacy cases. If you feel like your health privacy rights were stepped on, or if the medical institution you dealt with doesn’t have the proper privacy practices, consulting with an experienced health lawyer should help you understand your rights.

Given that each state in the United States has a different statute regarding this, clients in Pensacola should consider hiring a Florida HIPAA lawyer so that they are given a specific understanding of what the HIPAA covers. If you feel that your health care details were leaked illegally or shared with unscrupulous entities, make sure that you seek help with attorneys who will listen to your concerns and guide you through the process. Our attorneys at Brightwell Law are always willing to lend a hand. Send us a message to schedule a consultation with our law firm.

What is an HIPAA?

HIPAA or the Health Insurance Portability and Accountability Act of 1996 (HIPAA) is an act that indicates which parties can access and receive patients’ medical info and health declarations. The law also gives everyone the right to obtain a duplicate of your health documents. This also allows you to make changes and hide specific parts of your information.

In the Florida statute, The most important aspect of the HIPAA that you should look out for is the HIPAA Release Form. This is an informed consent  form that denotes you are allowing your info to be shared. A signed copy of this form is needed by your health care provider in order to share your information with other parties such as other medical institutions or your insurance provider. Without this, they are prohibited from sharing any of your details in public records. 

Having this signed release form alongside your estate plan can allow your chosen agent or health care surrogate to manage your health and medical records to help make better decisions about your estate when you can’t personally do it.

In some cases, different Institutions can request for your information without following the HIPAA procedure. This means that they are allowed to request for your health documents without your signed form, depending on the circumstances: 

  • Law Enforcement Official (with regards to certain personal injury cases) 
  • Child Abuse Office (with regards to child and vulnerable adult abuse cases)
  • Government Official (notifying the public regarding the records of particular public health concern like a pandemic or a large-scale disease)

When is an HIPAA Form Requested by the Hospital?

The HIPAA is usually requested by different medical professionals when they need to release records regarding your medical state to different parties. The list includes some but not all cases where an HIPAA form is required:

  • Distribution of health records to other parties without a medical relation (ie. records shared with insurance companies)
  • Distribution of protected health information for fund-raising or marketing studies
  • Distribution of health records to a research organization
  • Distribution of protected health information for psychotherapy concerns
  • Distribution of health records for processes that involves any type of payment

What should a valid HIPAA Release Form Contain?

Given that the HIPAA is a law-mandated process, there are required parts that each HIPAA Form should have. Omission of any part from an HIPAA may lead to several legal repercussions if brought to a court. The parts include:

  • Full description of information to be disseminated.
  • The name of the individual or entity whose personal information is going to be disclosed.
  • The names of the different parties (institutions, groups of people) that are going to use said medical information.
  • The specific usage of the requested personal medical record
  • A date of expiry / validity period to indicate when the health records should be destroyed OR when the release form is to be considered invalid.
  • Signature and Date of Submission

What Statements Must be in the HIPAA Release Form?

In order to protect both the medical professionals and the individual whose health info is going to be obtained, Florida law dictates that the following clauses are integral to the validity of a HIPAA release form. 

  • Right to Revoke the Authorization. This allows the individual to revoke their authorization to their records if need be. While there might be some exceptions to this, having this clause helps ensure that you have control even after submitting the HIPAA.
  • There should be no medical treatment or eligibility of payment or benefits attached to the approval of an HIPAA. This allows the user to make a fair judgment when disclosing their information. Some exceptions include: 
    • Allowance for a research-related treatment 
    • Allowance for a specific health plan
  • Capability for the records authorized to be redisclosed again. 

Lastly, all parts of the HIPAA should be in plain English, so that all parties can understand the form’s contents.

Given the specific contents of the document, it is possible that an individual can miss a specific part needed for the form to be valid. Having an adept HIPAA attorney to act as your legal representative in filling out and signing the release form can help you go over the document properly and note all of the specific statements.

Talk to our HIPAA Lawyers Today!

Given that many of us give our utmost respect to our medical provider, we must also hold them in high regard. Given that it is their duty to uphold our proper care, we should be mindful of the practices that these institutions’ practices. These include proper disclosure and handling of medical records and healthcare concerns.

Our Florida department of HIPAA attorneys are adept in handling your concerns about your medical release form. We are also capable of handling your concerns in the following practice areas: estate planning, family law, as well as probate law.

In the end, our goal as a law office is to allow you to focus on your wellbeing and other more important concerns. With our legal services and proper legal advice, we hope that your civil rights are upheld. We are always willing to listen to your concerns. Schedule your consultation today!

 

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Florida Health Care Surrogate Attorney

 

The health care surrogate designation and healthcare power of attorney documents can be created with the guidance of a credible Florida health care surrogate attorney. Both of these estate planning documents allow a designated person to make medical decisions on your behalf if you become unable to make them yourself.

At Brightwell Law PLLC, we can help you draft the necessary estate planning documents that can protect your rights. Contact us now and schedule an initial consultation with our trusted Florida estate planning lawyers.

Why Do I Need a Healthcare Surrogate Attorney in Florida?

Everyone has the right to determine what medical care they will or will not accept. However, if you become incapacitated, you will no longer be able to make this type of decision. No matter your age or how healthy you are now, you should plan for any possible future incapacity. Doing so will be beneficial to both you and your family.

State law allows many different estate planning tools to plan for any future incapacity, including designating a health care surrogate. At Brightwell Law PLLC, we can help you:

  • Successfully establish someone as your healthcare surrogate or explore other appropriate advance healthcare directives.
  • We have extensive experience in drafting and administering all forms and types of estate planning documentation.

For all types of estate planning, it is best to consult a competent Pensacola estate planning attorney who specializes in these areas of the law for guidance and help in properly preparing the documents that you will need to make your end-of-life wishes known. 

Our estate planning law firm is committed to helping numerous Pensacola families prepare for the future. Contact us now at Brightwell Law PLLC for advanced directives and end-of-life planning advice from our skilled Florida estate planning attorneys.

What is a Healthcare Surrogate Designation?

Naming a healthcare surrogate is one aspect of the broader category of estate planning. A health care surrogate designation is a legal document in which a healthy-minded individual appoints someone else to make all medical decisions for them and authorize all medical treatments, should they become incapacitated.

The Florida healthcare surrogate process can be complicated and there are specific Florida statutes that must be followed. When you work with our knowledgeable Florida health care surrogate attorney who knows the law, you have a higher chance of getting everything right the first time. It will save you money, time, and potential conflicts down the road.

A healthcare surrogate designation is more limited than a healthcare power of attorney and is only empowered to act regarding medical decisions, care, and treatment. The surrogate doesn’t have the authority to act until an attending physician decides the principal cannot make informed healthcare decisions.

How Do I Choose a Healthcare Surrogate in Florida?

Choosing your healthcare surrogate must be done with careful consideration because they will be responsible for making major medical decisions for you if you are incapacitated or otherwise unable to do so. Without having designated someone to act on your behalf, the court may be required to appoint someone based on the order described in the Florida health care proxy statute. A qualified Florida health care surrogate attorney can help you choose someone to make healthcare decisions for you.

Your healthcare surrogate should be someone you trust with your life. You must choose someone that can put your mind at ease, knowing your body will be in good hands if the time comes. Pick someone you are confident will fulfill your wishes and who is likely to be available when the time comes. In Florida, any competent adult over the age of 18 can be designated as a health care surrogate. Your surrogate can be:

  • Spouse
  • Child
  • Parent
  • Relative
  • Friend
  • An individual you choose who meets age and competency guidelines

What Are the Responsibilities of the Health Care Surrogate?

When you appoint someone as your healthcare surrogate, it is important to inform them of this designation and make them aware of the responsibilities they may be faced with. The person with the decision-making power of a surrogate involves withdrawing, withholding, or requesting life-sustaining or life-saving treatments. Since a surrogate will have a significant role in your life, having legal advice and guidance from a top-ranking Florida health care surrogate can be beneficial before making a choice.

The responsibilities of a healthcare surrogate include, but are not limited to:

  • Provide informed consent on your behalf in matters of medical intervention
  • Make healthcare decisions that you have made known to be your preference and desire
  • Diligently consult with physicians and other health care providers regarding your medical treatment or end-of-life treatment
  • Apply on your behalf for public benefits to help pay the cost of healthcare
  • Manage the admittance to or transfer from health care facilities (including hospitalization, home health care, or nursing home treatment)
  • Release of private medical information or medical records

What is a Healthcare Power of Attorney?

A durable health care power of attorney is an estate planning document that enables you to name a particular person to make decisions regarding your health care in case you become incapacitated and are unable to make those types of decisions. This is one of the most important estate planning tools you can establish when deciding how you want your medical decisions handled and by whom. A skilled Pensacola health care power of attorney lawyer can help you understand the benefits of creating this legal document.

Creating a Pensacola health care power of attorney requires careful consideration. It should clearly express your desires while also obeying the procedural requirements of your state. This document should state your wishes and provide instructions to the agent regarding medical treatment.

What is the Difference Between a Healthcare Surrogate Designation and Healthcare Power of Attorney?

Both the durable power of attorney and health care surrogate designation are essential components of a comprehensive estate plan. With the help of our competent Pensacola estate planning attorney, it is important to establish these legal documents because they are useful in particular incapacitation or end-of-life situations. Without such documents, your loved ones will face numerous complications in handling your needs should such a situation arise. If either position, your agent or your surrogate, has not been appointed in advance, the decision maker will be selected as per Florida law.

A healthcare surrogate is somewhat similar to a power of attorney granted to an individual. However, unlike a healthcare surrogate designation, a durable power of attorney specifically for healthcare may allow the agent to assist the principal in healthcare and medical decisions even though the principal may not completely lack capacity. Your healthcare agent will work with doctors and other healthcare providers to make sure you get the kind of medical care you wish to receive.

Call our Experienced Florida Health Care Surrogate Attorney Now!

Life is unpredictable. Therefore, everyone should have a comprehensive estate plan in place in the event of mental or physical incapacitation to safeguard their estate and protect their loved ones’ peace of mind.

The issue of medical care should a person become mentally incapacitated and their end-of-life choices are difficult subjects for many people to approach. In this case, having the legal advice and guidance of our seasoned Florida healthcare surrogate attorneys at Brightwell Law PLLC can be beneficial to make an informed decision. Specifically, we will walk you through the process so you can rest assured that you have a healthcare surrogate and healthcare power of attorney in place.

Our estate planning law firm can assist you in creating a comprehensive estate plan or updating an existing plan. We can help you draft wills, set up trusts, appoint a healthcare surrogate, establish a power of attorney, and handle other complicated estate planning matters. Our office is in Pensacola, Florida, and we serve all of Escambia and Santa Rosa Counties. Call us now and schedule an initial consultation with our qualified Pensacola estate planning lawyers.

What is the Key Difference between

Estate Planning and Probate?

In this video, Attorney William Brightwell talks about the key difference between the process involved in estate planning and probate. The Florida estate planning attorney stressed the importance of having an estate plan to ensure your preferences are applied should you become incapable or pass away.

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Call Our Experienced Estate Planning Lawyer in Pensacola, FL Now!

 

Our office, located in Pensacola, Florida, proudly serves the entire state of Florida. We specialize in providing top-notch services to clients, with a significant presence in Escambia and Santa Rosa Counties. Additionally, our expertise extends to numerous other counties throughout Florida. Whether you are local to Pensacola or reside anywhere in the state, we are here to meet your needs with exceptional service.

 

While it may be a difficult topic to think about, estate planning is important to everyone. It can be a hard conversation to have with family, but if you pass away without an estate plan in place, your family members may be left to sort out a legal dispute in court. Dying without an estate plan puts your legacy at risk and may leave your loved ones without the assets you wanted them to have.

To ensure your final wishes are respected and the people you love receive what you intend to leave them, you need a seasoned Pensacola estate planning lawyer by your side. We can help you review the advantages of each estate planning document that works best for your unique situation in place. 

 

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