Estate Planning

Maria I. Escoto-Castiello has over twenty years of experience assisting South Florida residents in making decisions about incapacitated and end of life care. Estate planning gives clients the certainty of knowing that their preferences and wishes will be respected should something happen to them; an assurance that every individual, regardless of age, can benefit from. Our law firm can help you through the process with the knowledge and experience to answer any legal questions, in exploring options and determining if the wishes have been recorded in a legally recognized manner.

• Durable Power of Attorney is a legal document which allows a person to delegate certain responsibilities or authority to another person. The person creating the Power of Attorney, or the creator, delegates to a designated agent the right to take certain actions on behalf of the creator upon the execution of the Durable Power of Attorney. It remains in effect even when the creator becomes incapacitated. The designated agent will have the power to perform the specified acts listed in the Durable Power of Attorney, which may include: conducting banking transactions and investment decisions, selling a home, paying bills, filing taxes.

 

• Living Will is a legal document through which a person can state his or her wishes in regards to medical treatments that can prolong life, providing guidance to family and health care professional in the event that the person is unable to express his or her wishes during a medical event. The Living Will allows a person to allow loved ones know what type of burial the person does or does not wish to have. The Living Will does not become effective until the person is mentally and physically incapacitated and a doctor has determined that there is a medical probability that any additional treatment will only prolong inevitable death.

 

• Designation of Health Care Surrogate, in conjunction with a Living Will, designates a health care surrogate. This health care surrogate will have the power to make all health care decisions for the person effective upon signing. These are decisions which the person would have made if capable of doing so and are in the best interest of the person.

 


• Last Will and Testament is the one legal document which will ensure that a person’s wishes are followed with regard to the distribution of assets. A will allows a person to name a personal representative who will administer the person’s assets, and to appoint a guardian who will oversee the inheritance left to any minor children or incapacitated persons. If a person does not have a will, the Florida laws of probate will determine who gets the person’s assets and who will oversee the inheritance. The creation of a will is a formal process with certain requirements which must be followed in order for the will to be accepted by a court. A will must be in written form, be witnessed and notarized in order to be valid. As a will becomes final upon the person’s death, a beneficiary can be changed (a new will) or added to at any time (a “codicil” or amendment). Maria Escoto Castiello can assist in preparing documents that will direct that your assets be disbursed to your loved ones in the manner you desire.