Key Estate Planning Tips You Need When You Have a Health Care Crisis

Nydia Menendez • Jun 19, 2023
Have you recently received serious news in regard to your health? Are you facing a devastating diagnosis that has the potential to impact your life as you go forward? Are you now concerned about everything from being able to make the decision of who will be able to help you as you face this health care challenge? to who should have legal authority to make decisions if you become incapacitated? to, ultimately, decide how to protect your legacy and who should inherit from you at your passing? We can help you! 

We are a Florida estate planning firm. We know the important discussions that need to take place as soon as possible as you face a health care issue.

A common misconception about estate planning is that the focus should revolve around the distribution of the assets (or wealth) at death. While this is true, it is only one of the many factors that estate planning should consider. A key aspect of estate planning should be planning for the unexpected or the undesirable during your life – be it a health crisis or incapacity. And because we are all susceptible to health-related issues, this means that estate planning should be of concern to all, with increasing concern as we age. 

From the perspective of a Florida estate planning law firm, planning for a health crisis or incapacity is a must. Here in the sunshine state, approximately 21% of Florida residents are over the age of 65. Also, statistics show that an estimated 70% of persons over the age of 65 will experience some form of incapacity before passing away. These numbers are sobering for us (as a Florida estate planning law firm) because it clearly highlights the reality that when we prepare an estate plan for our clients, planning for health-related issues and incapacity must be part of the plan, commonly referred to as “advance health care directives.” For more information about Health Care Directives, you can visit our Video Library.

 Although less than half of all Americans today currently have an estate plan, we always advocate that having an estate plan should be a high priority for all adults. 

The warm Florida year-round weather is an attractive lure for the many Floridians that are living a healthy, active, and successful life. This might explain why so many put off creating a Florida estate plan. However, when we speak to clients that have planned, they tell us that prior to engaging in the estate planning process, they had not realized the benefits of having a comprehensive Florida estate plan. Clients become keenly aware of what a well-designed comprehensive estate plan can do for them both now and in the future. Sadly, we have also seen the other side when clients come to us after a crisis without having planned ahead. In fact, when faced with a significant health care issue is when many adults start to question what the future of their lives will look like and the impact on their legacy. 

If you are on the fence about whether estate planning is for you, here are some of the questions you should ask and answer, and properly document:
  • If I am unable to pay my bills on time, who will? 
  • If I am incapacitated and cannot make my own healthcare decisions, who will? 
  • Is it time for a Florida living will?
  • I have pets, who will care for them?
  • I still run my business, who will continue it when I am not here?
  • What will happen to my family when I am no longer here?
  • When I pass away, who should inherit from me? 
At Menendez Law Firm, we can assist you in answering all the above questions, and so many more, including questions about caring for those you love, planning for your legacy, and providing for yourself. This can all be accomplished when you create a well drafted and comprehensive Florida estate plan, tailored to meet your needs and address the unique concerns of you and your family. 

In addition, a comprehensive Florida estate plan will allow you to answer lifetime, health-related questions in advance. For example, what treatments do you want to receive? What treatments do you not want to receive?

The details of a well-crafted Florida estate plan are many. These could include, but not be limited to, choosing trusted decision makers to act for you in a crisis, or when you no longer have the capacity to make your own decisions. You can give legal authority through your estate planning tools, such as a valid Florida power of attorney, to those you trust as well as name backups in the event they are not able to act for you when needed.

Whether you are facing a health care crisis, or if you simply want to be proactive, we can show you how, with a qualified and experienced Florida estate planning attorney, your Florida estate plan can be used to protect what matters most to you. For example, what do you wish to see happen in your business? How do you want your minor children to be cared for? How will you pay for your care? And, if you are unable to act for yourself, who should make these decisions for you?

Addressing these issues is a critical part of what your legacy will be. We know that legacy embraces more than just the concept of who will inherit from you when you pass away. Planning in advance is your opportunity to establish your legacy. At Menendez Law firm, our experienced Florida estate planning attorneys can help you define what your legacy looks like and ensure you have a plan in place to reach it.

We know this article may raise more questions than it answers. And that is exactly what estate planning should do: create questions to allow you the opportunity to resolve in advance the many uncertainties that life can bring your way. For more information about 

At Menendez Law Firm, we understand that when you protect what matters most to you, you will experience the peace of mind that you deserve. When thinking of the future regarding your property, it is essential that you have a law firm that you can trust to help you prepare everything you need. The expert attorneys at Menendez Law Firm in Fort Lauderdale, Florida, provide you with the highest level of professionalism and responsiveness to ensure you get the personal attention you deserve when planning out the future of your estate and so much more. Do not wait to contact us today!

By Nydia Menendez 01 May, 2024
Nydia Menendez, The Florida Tax Girl - Nov 1, 2023
By Nydia Menendez 01 May, 2024
Nydia Menendez, The Florida Tax Girl - Oct 2, 2023
By Nydia Menendez 02 Jan, 2024
La Ley de Transparencia Empresarial (la "CTA" o la "Ley") entrará en vigor en unas pocas semanas, el 1 de enero de 2024. Sin embargo, la Ley impondrá nuevos requisitos de información a aproximadamente 32 millones de pequeñas empresas, con importantes sanciones civiles y penales. Por este motivo, es posible que sea necesario actuar de inmediato antes de finales de 2023 para reducir o retrasar el impacto de la LTC en caso de que le afecte.
Corporate Transparency Act
By Nydia Menendez 19 Dec, 2023
Do you want to know what is the Corporate Transparency Act?
By Nydia Menendez, The Florida Tax Girl 31 Oct, 2023
Cost of Rents and Other Paid Uses of Real Property.
By Nydia Menendez 22 Aug, 2023
Did you know Florida estate planning is not just about creating a last will and testament? It is also about considering the intricacies of asset management, preservation, and protection for your loved ones. In this article, our attorney, Nydia Menendez, explores this crucial aspect of estate planning that is often overlooked and sheds light on why wills alone may not adequately address these concerns. One of the many benefits of working with an experienced law firm like ours is learning how to consider these factors, which can lead to a more comprehensive and thoughtful estate plan for the benefit of you and your loved ones. We begin by helping you understand the limits of a last will and testament. While wills serve as a common estate planning tool, they possess limitations that can have significant implications for your beneficiaries. Let us delve into a few of these aspects that go beyond simple distribution right here in our blog. Asset Management During Incapacity. A will activates at death. For this reason, a key shortcoming of relying solely on a last will and testament is its lack of provision for managing your assets if you become incapacitated during your lifetime. What happens to your estate when you're unable to manage it yourself? This is not a question you want to leave to chance. Instead, you want to answer it early. Tax Planning and Minimization. Taxes can substantially affect the value of the inheritance your beneficiaries receive. A will may not account for tax planning or minimization strategies that could ultimately benefit your loved ones. Asset Protection for Beneficiaries. Ensuring that your beneficiaries' inheritance remains secure from creditors, divorces, or unforeseen challenges is a critical consideration. When you plan early with your experienced Florida estate planning attorney you can answer the question of: How can you safeguard the financial future of your beneficiaries? Let's delve into some scenarios that illustrate the unintended consequences that can arise when relying solely on a last will and testament for estate planning, especially in Florida. Remarriage's Impact on Inheritance. If your spouse remarries after your passing, their new marriage could potentially jeopardize your children's inheritance. Without proper planning, assets intended for your children might end up benefiting someone else. Challenges for Minor Beneficiaries. In Florida, minors cannot own property valued over $15,000. This limitation could mean that substantial wealth left to minors could require court intervention. And even more tragically, at the age of 18, which is the age of “adulthood” any inheritance that is being safeguarded is distributed to the now “adult” beneficiary. Are your beneficiaries prepared for this? Beneficiary Readiness and Vulnerabilities. Even if your beneficiaries are adults, are they ready to manage a substantial inheritance? Consider their financial responsibilities, potential creditor issues, divorces, addictions, and government benefit entitlements. The Probate Predicament. The necessity of probate is a significant drawback of relying solely on a last will and testament. This court-administered process can be time-consuming, expensive, and subject to complications. Probate can lead to unintended delays and disputes that affect your beneficiaries. Our attorney Nydia Menendez wants to share with you that there is indeed a more comprehensive and effective way to ensure your assets are distributed and managed in alignment with your intentions. By considering alternatives to a last will and testament, you can navigate the potential unintended consequences and complexities that arise. Planning your estate goes beyond the basics of a last will and testament. It involves careful consideration of the future implications of asset distribution, management, and preservation. Understanding the unintended consequences that beneficiaries might face and addressing them through alternative strategies can result in a more robust estate plan. In Florida, as elsewhere, your assets deserve the thoughtful protection and management that only a comprehensive estate plan can provide. Your beneficiaries' futures will benefit from the care and foresight that only comprehensive estate planning can provide. We know this article may raise more questions than it answers. And that is exactly what estate planning should do: create questions to allow you the opportunity to resolve in advance the many uncertainties that life can bring your way. At Menendez Law Firm, we understand that when you protect what matters most to you, you will experience the peace of mind that you deserve. When thinking of the future regarding your property, it is essential that you have a law firm that you can trust to help you prepare everything you need. The expert attorneys at Menendez Law Firm in Fort Lauderdale, Florida, provide you with the highest level of professionalism and responsiveness to ensure you get the personal attention you deserve when planning out the future of your estate and so much more. Do not wait to contact us today!
By Maria Escobar 26 Jun, 2023
At Menendez Law Firm, because we are a Florida law firm, and 1 in 5 Florida residents are over the age of 65, we frequently work with the adult children of aging parents.
By Nydia Menendez 21 May, 2023
A Florida probate attorney is hired to administer the estate of the decedent and works alongside the Personal Representative (who must be appointed by the court) and the probate court.
By Nydia Menendez 14 May, 2023
At Menendez Law Firm we make sure our clients understand the importance of creating a Florida estate plan. It is important that clients take action to implement a plan now, so that in a time of sudden crisis or death, their wishes are not left to chance or to the state of Florida mandated process.
By Nydia Menendez 20 Aug, 2021
With respect to Estate Planning, the actress had only prepared a Will, in which she left money to care for her mother until she died, to her half-sister, who she met when she was 12 years old, and to a poet friend and his wife. But she left the bulk of her estate, valued under $1 million, to her acting coach, Lee Strasberg.
More Posts
Share by: