Protecting your family in the age of COVID
COVID-19 doesn't discriminate - but unfortunately there are still people in our healthcare system who do.
In light of COVID-19, individuals and families are understandably worried about protecting themselves and their loved ones. Without having certain documents in place, you might face unexpected obstacles. For example, you may not be permitted to make medical decisions for your loved one without their signed authorization – which can be a problem if they're too ill to designate you as their health care surrogate when medical help arrives. If your partner or spouse dies, and you're co-parenting a child with them, you could risk losing custody of your child if you haven't secured legal parental rights.
Whether or not you are married or parenting, you should consider implementing the following, so you and your loved ones can have greater peace of mind:
- A designation of health care surrogate grants your designate access and decision-making authority in the health care context.
- A will is essential - it clarifies how your property is to be distributed, and determines who cares for any children and who will administer your estate. Please also consider leaving a charitable legacy when making your estate planning decisions. Now more than ever, our non-profits need our support.
- In the case of couples who are parenting children created via assisted reproduction, it's strongly suggested not to rely solely on having both parents' names on the child's birth certificate but it's wise to also button up those parental rights by obtaining a court order that is universally recognized.
- A durable power of attorney authorizes your designee to do just about everything on your behalf. Beware: it's powerful - and effective immediately.
- A living will is an advance directive which states that you would not want “heroic measures” to be used if you were in an end-stage condition.
- A declaration naming pre-need guardian designates a legal guardian who would supervise your care if a court determines you are legally incapacitated.
- Designating a guardian for your minor child names someone to care for the child at your death or if a court determines you are legally incapacitated.
- Titling deeds and accounts jointly means those assets pass directly to your partner or other designated beneficiary on your death, avoiding the time and expense of probate.
- Your beneficiary designations usually control in the event of a conflict with your will. Make sure the names listed are your current intended recipients.
This information is a general overview, and is not a substitute for personalized legal advice. While most restrictions are now lifted, it is still possible to put many of these protections in place from the comfort of your home. We can work with individuals and families anywhere within the State of Florida, and can work with U.S. citizens in other states or countries on adoption matters.
Call us today at 305-674-9222 to see how we can help.
