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Last Will ,Durable Power Of Attorney , Living Will

   Attorney Drafted Estate Package

You will receive all three completed forms in PDF format, ready for notarization, and instructions to guide you. ***Please use Blue Ink Only***

Durable Power of Attorney

 

last will

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Estate Planning Document Services - Last Will, Living Will (Healthcare Directive) & Durable Power of Attorney

Estate Planning

 

All-Inclusive Price Limited Time Special $500

Includes : All Notary Witnesses

Documents Fully Prepared 

All Notarization Included


  Durable Power Of Attorney (Financial Power Of Attorney)

Please fill in the necessary details to generate a Power of Attorney. After submitting the information, you will receive the documents for your review.  The completed document will be sent in PDF format with the information you provided. This is the example of the form below.

 

 

On the ___ day of __________________, 20____ I, __________________, the
principal, of __________________, State of __________________, hereby designate
__________________, of __________________, State of __________________, my
attorney-in-fact (hereinafter my “attorney-in-fact”), to act as initialed below, in my name,
in my stead and for my benefit, hereby revoking any and all financial powers of attorney
I may have executed in the past.


Please provide the details for the position/title of the person you appoint as your Attorney-In-Fact.

 


POWERS OF ATTORNEY-IN-FACT


My attorney-in-fact shall exercise powers in my best interests and for my welfare as a
fiduciary.

My attorney-in-fact shall have the following powers:


(Choose the applicable power(s) by checking the appropriate boxes in the preceding space)

Please leave it blank or unchecked if you do not want to grant a specific fiduciary power.


AUTHORITY OF ATTORNEY-IN-FACT:

Any party dealing with my attorney-in-fact
hereunder may rely absolutely on the authority granted herein and need not look to the
application of any proceeds nor the authority of my attorney-in-fact as to any action
taken hereunder. In this regard, no person who may, in good faith, act in reliance upon
the representations of my attorney-in-fact or the authority granted hereunder shall incur
any liability to me or my estate as a result of such act. I hereby ratify and confirm
whatever my attorney-in-fact shall lawfully do under this instrument. My attorney-in-fact
is authorized as he or she deems necessary to bring an action in court so that this
instrument shall be given the full power and effect that I intend on by executing it.


LIABILITY OF ATTORNEY-IN-FACT: My attorney-in-fact shall not incur any liability to
me under this power except for a breach of fiduciary duty.


REIMBURSEMENT OF ATTORNEY-IN-FACT: My attorney-in-fact is entitled to
reimbursement for reasonable expenses incurred in exercising powers hereunder, and
to reasonable compensation for services provided as attorney-in-fact.


AMENDMENT AND REVOCATION: I can amend or revoke this power of attorney
through writing delivered to my attorney-in-fact. Any amendment or revocation is
ineffective as to a third party until such third party has notice of such revocation or
amendment.


Having witnesses for a durable power of attorney is important in Florida for several reasons:

  • It ensures that the power of attorney is properly executed and valid under Florida law. According to Section 709.2105, in order for a power of attorney to be valid, you must sign the Florida power of attorney in the physical presence of two (2) witnesses and must be acknowledged by a notary12. You must all sign in the presence of each other when executing the power of attorney.
  • It protects the principal from fraud, coercion, or undue influence. Having witnesses can help verify that the principal signed the power of attorney voluntarily and with full understanding of its consequences. Witnesses can also testify to the principal’s mental capacity and intention when signing the power of attorney.
    • It facilitates the acceptance and recognition of the power of attorney by third parties. Having witnesses can help prove the authenticity and validity of the power of attorney to banks, financial institutions, health care providers, and other entities that may require proof of the agent’s authority to act on behalf of the principal.
    •  

    The witnesses for a durable power of attorney in Florida cannot be any family members or anyone with financial interests to the principal because:

    • It avoids conflicts of interest and potential abuse of power. Having witnesses who are related or financially connected to the principal or the agent may raise questions about their impartiality and credibility. They may have ulterior motives or personal stakes in the principal’s affairs that could compromise their judgment or testimony.

Living Will (Healthcare Directive)

living will health care directive


Living Will

Living Will Advance Health Care Directive


Please provide the details for the position/title of the person you appoint as your Designation Of Health Care Advocate.


Healthcare Advocate General Powers

 

If I am unable to make health care, custody, and medical treatment decisions, my health care agent or advocate will have the power to make these decisions on my behalf. This power will be granted only if my attending and/or primary physician determines that I am unable to make these decisions. I have specific directives regarding the delivery of medical care in certain health care conditions. Therefore, I wish to direct my medical treatment by way of the following conditions.

LIFE-SUSTAINING MEDICAL TREATMENT


If I am unable to make decisions due to an incurable injury, disease, or illness that is determined to be a terminal condition, I declare that my health care agent or advocate will have the power to make decisions on my behalf. This power will be granted only if my attending and/or primary physician determines that I am unable to make these decisions. I have specific directives regarding the delivery of medical care in certain health care conditions. Therefore, I wish to direct my medical treatment by way of the following conditions.


COMFORT AND PAIN RELIEF


With regards to the aforementioned medical situations outlined above, I herein provide the following directives
pertaining to the comfort care and pain relief.


ADVOCATE'S OBLIGATION
My appointed advocate or agent shall make health care decisions on my behalf in accordance with my other wishes known to my advocate and/or agent. To the extent that my wishes are not known to my advocate or agent, my advocate or agent shall make the necessary health care decisions for me in accordance to what my advocate deems to be in my best interest. In determining those best interests, my advocate shall take into consideration my personal values to the extent known to the advocate.


END OF LIFE DECISIONS
I direct my health care advocate, health care provider and others who may be involved in my health care, to withhold or withdraw treatment in accordance with the choice I have indicated below


Sign Here

Last Will & Testament

last will and testament


If you have designated beneficiaries under the age of 18, please read this section. If this does not apply to your will, you may skip this section and write N/A in the name fields.

                                                              Personal Property


I bestow all tangible personal property owned by me at the time of my death, including, without
limitation, personal effects, clothing, jewelry, furniture, furnishings, household goods,
automobiles and other vehicles, along with all insurance policies upon such tangible property,
in accordance to those designated in the attached Schedule - Beneficiary Designations, and if
any of them shall be under the age of eighteen (18) years, then such property shall be held in
trust until such time as (s)he becomes of age.


Pursuant to and in accordance with the attached Schedule - Beneficiary Designations to this
Will, signed by me and identifying certain personal property which is to be bestowed upon the
persons named therein, I direct my Executor to distribute such property in strict compliance
with the terms and provisions contained herein.
The reasonable fee of delivering such property shall be paid by my Executor as an expense of
my estate.


CASH, BANK ACCOUNTS, INVESTMENTS


I bestow and bequeath any interest which may belong to me at the time of my death in
accordance to and in conjunction with the attached Schedule - Beneficiary Designations and a
separately prepared account listing that details checking and savings accounts, certificates of
deposit, cash, checks, notes and/or promissory notes designees.


FAILED BEQUESTS OR DEVISES


Should any of the bequests, gifts or devises fail due to circumstances that cannot be reconciled
with the terms herein or my express wishes, I give, devise and bequeath such, in the alternative,
to my residuary estate.


If you have designated beneficiaries under the age of 18, please read this section. If this does not apply to your will, you may skip this section and write N/A in the name fields.

 

TESTAMENTARY TRUST 


Any property, assets or other distributions from my estate intended for a beneficiary under 18
years of age at the time of distribution is to be made, shall not be paid or distributed outright to
such beneficiary, but rather shall be held in trust by my Trustee, _____________. If this Trustee
cannot or will not serve as Trustee, _________ shall be named as Trustee. If neither of these
Trustees or willing or able to carry out the duties of Trustee, the Trustee’s duties will be carried
out by my Executor in the capacity of a Trustee, upon the following terms and conditions.
The Trustee shall hold, manage, invest and reinvest the property of such beneficiary in a
separate trust and shall distribute to or for the benefit of the beneficiary so much or all of the
net income or principal thereof as the Trustee, in the Trustee's sole discretion, shall deem
necessary to provide for such beneficiary's health, education, maintenance and support, taking
into consideration any other resources available to such beneficiary. Any net income not so paid
shall be accumulated and added to principal at least annually and thereafter shall be held,
administered and disposed of as a part thereof.
When such beneficiary reaches _________ years of age, the Trustee shall distribute _________
of the assets then held in trust to such beneficiary; and if and when such beneficiary reaches
_________ years of age, the Trust shall automatically terminate and the Trustee shall distribute
all remaining principal and income to such beneficiary. Notwithstanding any provisions herein
to the contrary, my Trustee may determine it is in the best interests of the beneficiary to
terminate the trust prior to such beneficiary reaching _________ years of age and distribute all
trust assets directly to such beneficiary or into a custodial account established for such
beneficiary, and my Trustee shall have no liability therefore.
If such beneficiary dies prior to receiving all of the assets in his/her trust, the principal and
income in such beneficiary's trust shall be paid and distributed to such beneficiary's living
Descendants, if any; and if none, then to my living Descendants, provided, however, that if any
such Descendant is a beneficiary of another trust under this Will, such property otherwise
distributable to such beneficiary shall be held in accordance with such trust. If I have no living
Descendants, such property shall be distributed to the beneficiaries of my residuary estate as
provided in this Will, or if there are none, to the persons who would be entitled thereto under
the laws of descent and distribution of the State of ________________ if I had died intestate at
that time owning such property in fee simple.


Please Read:

AVOIDANCE OF CONSERVATORSHIP

If any property of my estate vests in absolute ownership in a minor or incompetent, my
Executor, at any time and without court authorization, may:
1. distribute the whole or any part of such property to the beneficiary;
2. hold such property in trust and use the whole or any part for the health, education,
maintenance and support of the beneficiary;
3. distribute the whole or any part to a guardian, conservator, committee or other legal
representative of the beneficiary;
4. distribute the whole or part to a custodian for the beneficiary under any gifts or transfers
to minors act; or
5. distribute the whole or part to the person or persons with whom the beneficiary resides.
Evidence of any such distribution or the receipt therefor executed by the person to whom the
distribution is made shall be a full discharge of my Executor from any liability with respect
thereto, even though my Executor may be such person.
If such beneficiary dies before receiving all of the assets held in conservancy, the principal and
income in such beneficiary's trust shall be paid and distributed to such beneficiary's living
Descendants, if any; and if none, then to my living Descendants. If I have no living Descendants,
such property shall be distributed to the beneficiaries of my residuary estate, as provided in this
Will, or if there none, to the persons who would be entitled thereto under the laws of descent
and distribution of the State of ________________as if I had died intestate at that time owning
such property in fee simple.


Please read all the information :

COURT INTERVENTION
I direct that my estate be settled without the intervention of any court, except to the extent
required by law, and that my executor settle my estate in such a manner as shall seem best and
most conveniently to him/her, and I hereby empower my executor to mortgage, lease, sell,
exchange and convey the personal and real property of my estate without an order of court for
that purpose and without notice, approval or confirmation and in all other respects to administer
and settle my estate without the intervention of the court.


SPENDTHRIFT PROVISION


The interest of any beneficiary of any trust created under this Will shall not be transferred,
assigned or conveyed, and shall not be subject to the claims of any creditors of such beneficiary,
or of any local, state or federal government or agency, or of any private agencies, and the
Trustee, or if I have not named a Trustee, by my Executor in the capacity of a Trustee, shall
continue distributing trust property directly to or for the benefit of such beneficiary as provided
for herein, notwithstanding any transfer, assignment, conveyance or action by creditors
governments or agencies. If the Trustee is prevented by any transfer, assignment or conveyance
or by any proceeding brought by any creditor, government or agency or by any bankruptcy,
receivership or other proceeding, from distributing property directly to or for the benefit of any
beneficiary, the Trustee shall hold and accumulate the property which would otherwise have
been distributed until the Trustee is able to distribute such property directly to or for the benefit
of such beneficiary, or until the death of such beneficiary, whichever first occurs; and on the
death of such beneficiary any such property so held and accumulated shall become a part of the
principal of the trust and shall be disposed of accordingly.


Please read:

BONDS/AUDITS NOT REQUIRED


The term "Fiduciary" shall mean any Executor, Trustee or successor qualifying and serving
under this Will.
No Fiduciary shall be required to file or furnish any bond, surety or other security in any
jurisdiction, nor shall any Fiduciary hereunder be required to file any inventory or other reports
with any court.
No Fiduciary shall be required to inquire into or audit the acts or doings of any predecessor
Fiduciary or to make claim against any such predecessor or their estate.


POWERS OF EXECUTORS/TRUSTEES


Any Executor or Trustee serving under this Will shall be a Fiduciary granted all the powers
conferred by laws, as amended.
Any successor Fiduciary shall have and may exercise all of the powers, privileges, immunities
and exemptions conferred upon the predecessor Fiduciary as fully and to the same extent as if
such successor had originally been named as a Fiduciary. Any Fiduciary serving hereunder shall
keep full accounts and shall make and furnish statements of all receipts and disbursements at
least annually to each person then eligible to receive income from my estate or any trust created
hereunder and shall at any time, upon reasonable request of such person, provide full
information to such person as to the condition of my estate, including amounts received and
disbursements made.
Any Fiduciary under this Will may resign without the order of any officer or court and without
consent of any beneficiary of any provision of this Will by giving such Fiduciary's successor
and all persons then entitled to receive income hereunder, or the guardians of such persons,
thirty (30) days advance written notice of such intent to resign, or at any time resign by
instrument in writing signed by such Executor or Trustee and delivered to the persons then
entitled to the income from my estate or such trust. In the case of an Executor, the Fiduciary
must also give notice to the Court having jurisdiction over the administration of my estate; and
upon properly accounting for all estate property received and disbursed, shall be discharged
from any and all further liabilities. In the case of a Trustee, the Fiduciary must deliver the trust
property to the successor Trustee and upon properly accounting for all trust property received
and disbursed, shall be discharged from any and all further liabilities.
If a successor Fiduciary is unable or unwilling to serve, they may appoint a second successor
Fiduciary to serve in their place, by sending a signed instrument appointing a successor
delivered to each living beneficiary under my Will making express reference to this power and
the second successor Fiduciary may exercise powers upon a prospective and contingent basis
until effective:
To compensate counsel and to employ other persons who may be deemed necessary for proper
administration and to delegate authority when delegation is advantageous to the trust or estate.
To exercise and continue the power provided in this section notwithstanding the termination of
the trust until all assets of the trust has been distributed.
The right to receive reasonable compensation for services rendered with regards to this Will,
and to be exonerated from and to pay all reasonable expenses and charges of the estate and trust.


SURVIVORSHIP


I direct that, for purposes of this Will, a beneficiary shall be deemed to predecease me unless
such beneficiary survives me by more than thirty (30) days.

 

CONTESTS DISALLOWED


Should any beneficiary contest or initiate proceeding to contest the validity of this Will or to
prevent any provision herein from being carried out in accordance with its terms (whether or
not in good faith and with probable cause), then all the benefits provided for such contesting
beneficiary in this Will, including their Descendants, shall be revoked and annulled.
The share to which such contesting beneficiary would otherwise have been entitled shall be
distributed to such persons and in such manner as if such contesting beneficiary and all of such
beneficiary's Descendants had died immediately prior to such division without exercising any
power of appointment which they might otherwise have under this Will.
If all of the persons who are beneficiaries of this Will join in such contest or proceeding, my
estate shall be distributed to any of those persons who are not contesting beneficiaries and who
would otherwise be entitled thereto under the laws of descent and distribution of the State of
________________, as if I had died intestate at that time owning such property in fee simple.


Please write the following information as it pertains to your beneficiary designations:

Schedule -Designations


en_USEN