Estate Planning

What is Estate Planning?

Estate planning is the process of establishing legal documents to ensure your financial and medical needs are met during your lifetime and your assets are organized to pass according to your wishes after your death.

No matter what the value of your estate is, having a plan is essential to avoiding costly and unintended consequences if you become ill, or after you pass away. If you have estate planning documents from another state, they may not comply with Florida law. Do not expect the way things work “up north” to be the same here in the Sunshine State!

Is speaking with an attorney about your estate plan something you’ve had on your to-do list and are ready to tackle? Or, is there something specific you’re worried about?

Most clients we meet with have at least one circumstance that requires special attention. Does a loved one have a diagnosis that will require additional care? Is a potential beneficiary receiving benefits due to a disability? Does a family member have issues that make you nervous to name them as a beneficiary?

Regardless of their reason for coming to see us, learning a client’s wishes and reviewing how their assets are structured, allows us to provide the best estate planning options.

A brief description of commonly used estate planning documents is provided below.

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General Estate Planning Documents

Durable Power of Attorney

This legal document gives someone authority to manage your financial affairs during your lifetime. You must have the mental capacity to sign a Durable Power of Attorney, but it will continue to be effective even if you become incapacitated.

In Florida, a Durable Power of Attorney is effective immediately upon signing. There is no option to have a Durable Power of Attorney that only becomes effective if you lose capacity. Choosing people you absolutely trust to manage your finances is critical.

WHY IS HAVING AN EFFECTIVE DURABLE POWER OF ATTORNEY SO CRITICAL?

Designation of Health Care Surrogate

A Designation of Health Care Surrogate is similar to a Durable Power of Attorney, but appoints someone to make your health care decisions if you can’t. Florida law allows this document to be effective immediately. However, most clients opt for the surrogate’s authority to begin only if at least one physician states a person is unable to make their own medical decisions. In the absence of a Florida Designation of Health Care Surrogate, Florida law has a prioritized list of people who qualify as Health Care Proxy to make medical decisions. By executing a Designation of Health Care Surrogate, you ensure the people you want to make your medical decisions will have the authority to do so.

Living Will

The Living Will document allows a person to state their wishes regarding end-of-life medical care if they are unable to communicate them. A Living Will gives invaluable guidance and peace of mind to family members and healthcare professionals when a person is no longer able to speak on their own behalf.

Do Not Resuscitate Order

In Florida, Paramedics, EMS staff, and medical technicians must resuscitate a person to make them stable before transporting them. This is true even if you have a Living Will. The only way to attempt to prevent this is by signing a Do Not Resuscitate Order.

A Do Not Resuscitate Order (DNRO) is a physician’s order signed by you (or your health care surrogate or proxy) and your doctor. It states you do not want to be resuscitated if you have a respiratory or cardiac arrest. A DNRO is typically only signed for a person who is extremely ill or in a persistent vegetative state. Comfort care measures, such as oxygen administration, hemorrhage control, and pain management, will still be used. Florida’s DNRO form is developed by the Florida Department of Health and must be printed on yellow paper before signing. A valid Florida DNRO that is properly executed does NOT expire.

Here is a link for the Florida Department of Health for more information:
https://www.floridahealth.gov/about/patient-rights-and-safety/index.html

Last Will and Testament

A Last Will and Testament is the most common way for a person to document how they want their probate estate to pass after death and who they want to be in charge. Wills vary in type and length depending on the estate size and preferences of the testator. The person in charge of your probate estate is referred to as the Personal Representative, and Florida law restricts who can be named in this role based on relationship and residency. For example, your best friend who lives in another state cannot be your Personal Representative. In Florida, a Will must be in writing and validly executed by an adult with capacity. Having a Will does not avoid the probate process. If one of your goals is to avoid probate after your death, we can help establish an estate plan to do just that.

Trust

There are many types of Trusts that have different purposes. The person who establishes the Trust is typically called the Grantor, and the person who controls the Trust assets is the Trustee. The same person is often the Grantor and the Trustee. The most common type of Trust we prepare is a revocable Living Trust. This Trust, once created and funded, allows for the management of assets during the Grantor’s lifetime and distribution after their death. If funded properly, a Trust can help avoid probate.

Our Practice Areas

Life isn’t always smooth sailing and it’s easy to feel adrift when facing aging-related issues. The firm of Britton G. Swank, P.A. is skilled at providing legal assistance to older adults and people of all ages preparing for the future.

Estate Planning

At Britton G. Swank, P.A., we devote a significant portion of our practice to estate planning. We believe in taking the time to understand each client’s unique needs and goals and tailoring estate plans and documents to provide peace of mind for the future.

Guardianship

When a loved one is unable to care for themselves and has no estate planning documents, or refuses to cooperate with the person appointed in their estate planning documents, guardianship may be necessary. We can help you determine when a guardian should be appointed to watch over that person’s financial and personal affairs.

Medicaid Planning & Asset Protection

Florida has several Medicaid programs to help individuals who reside either at home, in a nursing home, or other facility. Each person’s needs and financial situation is different. Knowing which benefits a person may be eligible for is key to trying to ensure assets are not depleted to pay for long-term care.

Nursing Home Medicaid

When a loved one requires skilled nursing home care, most families face the challenge of how to pay for that care. Long-term skilled care in a nursing home can exceed $100,000.00 per year. Britton G. Swank, P.A. can design a strategy to create financial eligibility for nursing home Medicaid, which is a significant financial resource to help pay for this type of care.

Veterans Benefits

Veterans benefits can help pay for the long-term care costs of a veteran, or their surviving spouse, who is struggling financially. Attorney Britton G. Swank can help determine who is eligible for these benefits.

Probate & Trust Administration

The law firm of Britton G. Swank, P.A. is committed to helping clients overcome issues that arise following a loved one’s death. Probate is a court process that generally occurs when a person dies with an asset in their name alone. Remember, probate can happen whether a person dies with or without a Will. We can determine whether probate is necessary and, if so, which type of probate process is the best fit. While a properly funded Trust can help avoid probate, Trustees still have important legal obligations under the Trust terms and Florida law. We provide guidance to Trustees to help them satisfy their Trust administration duties with confidence.

Client's Testimonials

We strive to be approachable and reachable and maintain communication with our clients. We value clients and works relentlessly to achieve excellent results.

“Britton Swank and her office provided excellent service, demonstrating professionalism and personal attention to all details in helping my parents with their wills/trusts and the execution of them after their sudden death. Britton’s attitude to the work, her compassion and her in-depth knowledge is impressive. Not only was she there for my parents but also for myself and my siblings during the difficult time after their passing. Requests were handled in a quick, efficient manner. The transition was spot on! We couldn’t have asked for a better attorney!”

Mary B.

Lehigh Acres, FL

“It is with great confidence that I can personally recommend Britton Swank for your estate planning needs. Her personal commitment to my family in securing my quality of life while living and the transfer of my estate to my son upon my passing has been very comforting to everyone concerned. I would highly recommend her to others as you plan for today, tomorrow, and your legacy.”

Pam A.

Fort Myers, FL

“Once I met with Britton Swank, a huge burden was lifted. She and her assistant not only walked me through the process, they were always available. I knew I was never alone and that gave me great comfort. Ms. Swank even met me at the bank on a Saturday morning when the branch manager was refusing me access to the safety deposit box even though I had all the court orders giving me full access.”

Dorothy M.

Lehigh Acres, FL

Estate Planning

What is Estate Planning?

General Estate Planning Documents

Durable Power of Attorney

Designation of Health Care Surrogate

Living Will

Do Not Resuscitate Order

Last Will and Testament

Trust

Our Practice Areas

Estate Planning

Guardianship

Medicaid Planning & Asset Protection

Nursing Home Medicaid

Veterans Benefits

Probate & Trust Administration

Client's Testimonials

Practice Areas

Offices

Helpful Links