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Advance Directive (Incapacity) Planning

Elder Law assists clients in planning for incapacity by preparing a package of advance directive documents.

Chief among these directives is the Durable Power of Attorney. The Durable Power of Attorney is a detailed document providing legal authority for the client’s designee to act on the client’s behalf when the client is unable physically and/or mentally to act on his/her own. The language we use in power of attorney documents relates distinctly to clients who are elderly or have disabilities.

Our firm also prepares Designations of Health Care Surrogate. The Designation of Health Care Surrogate document allows clients to choose loved ones who will make vital health care decisions when they are unable to make those decisions for themselves. We take care to ensure all state and federal regulations are complied with, including HIPPA language and Florida statutory requirements.

In addition, our attorneys prepare sophisticated Living Wills. This legal document specifies the client’s wishes regarding all life-sustaining devices and must be revised continuously to remain current with new and evolving laws. Living Wills are most appropriate for adults aged 21 years and above under various circumstances. The younger population is most susceptible to trauma-related persistent vegetative states. In contrast, seniors’ hospital stays and related illnesses are often the impetus for persistent vegetative states prompting the need for a living will to limit unnecessary and undesired prolonged medical treatment.

Our Advance Directive package also includes the preparation of HIPAA representative forms. HIPAA refers to the Health Insurance Portability and Accountability Act of 1996 and is also called the Medical Privacy Act. Under HIPAA, a health care provider may not release confidential medical records to anyone other than the patient without specific, written authority to do so. By signing a HIPAA Representative Form, the client can authorize his/her family members to access otherwise confidential medical records.

Finally, we prepare Designations of Pre-Need Guardian documents, in which the client can designate who should serve as his/her legally appointed guardian in the event the client’s advance directives are not sufficient to authorize agents to make decisions on the client’s behalf.

For more information about or to create your advance directives in New York or Florida, please contact us or call (561) 750-3850.


Our highly trained attorneys are adept at navigating all the complexities of elder law and have received praise for their superlative work from clients, peers and other professionals in the industry.

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