Designation of Health Care Surrogate

Why? You need one unless you can guarantee that: You will always be conscious and competent. You (and your spouse) will never be in a joint accident. Your children will absolutely agree on your medical treatment. All your children are equally available and emotionally equipped to make medical decisions for you. You have discussed the possibility of your incompetency and all your children know exactly what you would want, and well implement it.

When? Five minutes before the accident or illness occurs.

Living Will

Why?	You need one if you do not want to "prolong the process of dying" using artificial or mechanical means. The Designation of Health Surrogate document does not give the surrogate the power to withhold or terminate such procedures.
When?	When you are in a terminal condition "from which there is no reasonable probability for recovery" or in a permanent and irreversible "persistent vegetative state."

Will

Why? You:

	Want to control distribution of your assets.
	Have step-children or other people you want to name as beneficiaries.
	You want to choose your personal representative (executor).
	You want to leave unequal shares to your heirs: Second spouse? Multiple marriage children?

When? Immediately prior to your death.

Living Trust

Why? All the reasons for having a will, and you:

	Want to avoid guardianship in the event of incompetency and be able to:
	• Provide for "instant" transfer of management of your affairs. • Choose your own "competency" committee. • Maintain privacy. • Avoid probate delays and expense.
	Have business or investment interests that need management.
	Have property or business interests in another country or state.
	Want a step-child (or other non-relative) who is not a Florida resident to act as your personal representative.
	Are unmarried and want to give legal authority to a "significant other".
	Have a special needs child or beneficiary to provide for.
	Want to keep your affairs and dispositions after death private.
	Want to make the disposition of your estate more difficult to attack.

When? Early enough to transfer your assets to the trust.

Durable Power of Attorney

Why?  You:

	Have property which might need management in an emergency.
	May be indisposed for a short time.
	Totally and wholly trust the person you name as attorney in fact with all your money and assets.

When? Five minutes before the accident or incapacitating event.

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Rebecca M. Becker
Counselor at Law and Certified Mediator
57 Nicholas Court • Ormond Beach, Florida 32176
Ph: (386) 672-4365 • Fax: (386) 676-7625
Email: Rebecca@BeckerLaw.net

© Rebecca M. Becker, 2002