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Many activities at our law office have gone virtual. But signing wills and trusts is an appointment that must be done in person. That does not mean that wills and trusts cannot be created during the pandemic. In fact, many people are interested in getting their end-of-life paperwork in order. Still, the process has had to change to avoid spreading the virus. Wills, trusts and other documents are necessary to make sure your wishes are carried out. Medical instructions make sure your health care wishes carried out. The five key documents to have on hand include: A will, the legal document that directs who receives your assets after death and can appoint guardians for minor children. Without one, the state’s law decides what happens after you die. Healthcare durable power of attorney, or health care proxy, allows you to name someone to make health care decisions for you if you are unable to. Living will, sometimes called an advance care directive, outlines the medical care you want if you are terminally ill, such as use of life-support systems, organ donation and resuscitation. Durable power of attorney for finances gives someone the authority to handle your financial affairs if you cannot. HIPPA authorization allows people you choose to have access to your medical records and information. This is especially important for parents who want to get medical information for their children over the age of 18. Wills and Estate Planning Signature Requirements Florida law requires that a valid will be signed in the presence of at least two witnesses, who must also sign it. Witnesses do not need to know the contents of the will but must complete a notarized statement that the person making the will signed in their presence. The client creating the will must be able to view all signings. The Florida law changed in January to allow electronic will signatures starting July 1. However, the process and some issues including electronic storage are still being worked out. The rules are from the Wills Act, which dates to the English Statue of Frauds passed in 1677. The act requires a will to be in writing and signed in front of others in the same room at the same time. The efforts are designed to make sure that wills are created voluntarily without fraud. Wills that have not followed each step can and have been challenged and annulled. New Wills and Estate Planning Procedure s The Stanford Law Review and others are suggesting that these requirements change, especially because of the pandemic. Until such time, we have created a safe process for creating wills and trusts during the pandemic. First, an appointment is made where one of our legal assistants collects and prepares information. Then, an in-person (using proper COVID-19 protocols or virtual meeting with the attorney is set to collect other necessary information. When the documents are created, approved and ready for signing, the client makes an office appointment. Clients are asked to bring masks and disposable gloves to their appointment. If they do not have them, our office will provide them as they are mandatory. A pre-sanitized table, chairs and a clipboard will be set up for the signing. The attorney, witnesses from our office and client will wear masks and disposable gloves. Pens for signing will be wrapped and new, and taken along with documents by the client after the signing. Why Use an Attorney for Wills and Estate Planning? Online legal services and templates are available for some documents. However, they do not have the same standards required for attorneys nor regulatory oversight. Their legal terms say their information and documents are not guaranteed to be correct or complete! Also, each state’s laws for estate planning, probate and trust laws, are unique. As a result, an attorney makes sure you have the correct paperwork for your state. During the heartbreak of loss or illness is not the time to find out that paperwork is not legal. If you already have a will, but it was written out of state, it is suggested to let a Florida attorney review it to ensure compliance with Florida law. Goldstein, Buckley, Cechman, Rice & Purtz have been helping clients for nearly 60 years with their estate planning needs. More than 52 percent of people over the age of 55 do not have a will or other key documents they might need during the pandemic. Creating your estate plan with an attorney protects you, the people you care for, and your savings and property.

Plan Ahead: What You Can Do With Extra Time During these uncertain times of the coronavirus outbreak, people may be finding themselves with available unplanned time. What you can do with extra time includes planning ahead for the future. It’s a great time to make sure all your insurance, estate and medical access documents are adequate and up to date and you and your loved ones know where to locate them are in case of emergency. Many of us grew up in a different time. When a friend or relative was hospitalized, we could call the hospital to inquire about their well-being. Today with HIPAA regulations, hospitals and doctors are no longer able to give out any patient information or confirm a patient is even in the hospital, unless you are married. This is even true for parents whose children are over the age of 18! Parents have no rights to obtain medical information on legal-age children, even if the child is covered under the parent’s health insurance. A signed HIPAA authorization and Medical Power of Attorney allows parents access to their adult children’s medical information, or unmarried partners to get information on their partner. Requirements for these documents can vary from state to state, so an attorney can make sure documents are appropriate for each situation. Something that most people put off is to update or create a will or trust that makes sure your loved ones are cared for should something happen to you. Not having a will and/or trust may increase your family’s tax liabilities, not to mention the legal disputes or challenges that result when there is no estate plan in place. An experienced attorney can help guide your estate planning experience and tailor your documents to meet your needs and wishes for the future. Why Plan? There are people who count on you. The unexpected does happen. It’s not as complicated or time-consuming as you think. What You Can Do With Extra Time If you have already prepared your will or trust, know that it is not a one-time project but a lifelong process that requires revisiting. Now is a good time to review to make sure your wishes haven’t changed. Here are a few ideas about what you can do with extra time: Are the beneficiaries you selected in your will and trust still the ones you would name today? How about alternates? Are they still willing and able to assume those responsibilities? Are the beneficiaries on your life insurance up to date? For those with minor children, are the guardians you named the persons you want to raise your children? What about pets? Have you designated who will care for them? Does your planning reflect all your assets, big and small? Have you created letters of instruction with key information in the event of an emergency, including names and contact information for key professional advisors, location of original records, how to find passwords and other key online information, key medical information, insurances summaries and other general instructions? With hurricane season beginning May 1, you can take time to review your homeowners and medical insurance coverage. An attorney can review confusing homeowners and medical insurance policies and explain coverage and any limitations. And while many people are staying home, time on the road or in grocery stores can still result in accidents, particularly with an anxious and stressed population. While it may seem like nearly everything is closed and you may feel like you are on your own, we are available and committed to providing our community and clients with service and representation you can depend on. Speaking of what you can do with extra time: In the event of an accident, it is still important to take steps to collect information and get in touch with an attorney as soon as possible. Check for injuries and start first aid if needed. Remain calm. Move yourself to a safe location if necessary. Call 911 for law enforcement and emergency medical personnel assistance. Take note of other vehicles, type, color, damage, license plate number, etc. Take pictures if possible. Identify witnesses and obtain their contact information. Speak to police only. Do not make any admissions to anyone. When being examined by EMS personnel, let them know how you feel everywhere on your body. Do not withhold injury information from them. Locate your driver’s license, vehicle registration, and insurance information for police. If your car is not drivable, ask for a towing company of your choice and have your vehicle towed to a location of your choice (dealer, body shop, or another storage free location). Towing companies charge $25 or more to store your car and if your bill is not paid within a specified time, the tow company may take ownership of your car. Have all injuries checked by a doctor, nurse practitioner or physician’s assistant as soon as possible, but not more than 14 days after the accident. Report the accident to your own insurance company. (Do not give a recorded statement without legal representation). Seek all medical help recommended by your doctors. Since 1962, we have weathered challenging times together. Our legal firm has been protecting our neighbors in Southwest Florida for nearly 60 years. We will continue to provide uninterrupted legal support through virtual services now available that include video conferencing and telephone consultations. Upon engaging our services, we offer secure electronic document signing and execution. Our priority, as always, is the safety of the community and our neighbors. Our hearts go out to everyone affected by the coronavirus (COVID–19) pandemic.

Whether you are young or old, resolve to plan for the future. Don’t let resolutions get put off by thinking there’s always next year. While it’s hard to think about what happens after you are gone, not planning can put your loved ones in serious trouble and without enough assets to support them. If you pass away or become incapacitated without a will or trust, the laws of your state will determine how your property is distributed, and the court will assign a guardian to your minor children. Not having a will and/or trust may increase your family’s tax liabilities, not to mention the legal disputes or challenges that result when there is no estate plan in place. Making difficult estate planning decisions now about your will and estate will eliminate the burden from your loved ones having to make decisions later. A will is a necessary document to protect the interest of both you and your family. This document states how you want your property distributed among your heirs and beneficiaries and lists gifts to other family members or friends, charitable donations and other financial arrangements. Why plan? There are people who count on you The unexpected does happen It’s not as complicated or time consuming as you think This story is a cautionary tale about why you should resolve to plan for the future. A young man lost both his mother and stepfather. His mother died first, followed some months later by his stepfather. His mother left a will leaving everything to her spouse (his stepfather), and if he predeceased, to her son. At his mother’s death, since all her assets were jointly owned with her husband, all her assets passed to him (the husband). At the death of his stepfather, since the stepfather had no will, his estate passed by the intestate laws of Florida. In his case, he had no children, his parents were deceased, he had no brothers or sisters and no nieces or nephews. Without a will, the estate must search for heirs and the assets of the estate will likely pass to distant relatives with whom the stepfather may have had no contact. The stepson will likely receive nothing, another example of you need to resolve to plan for the future. Laws and lives change, so it’s important to make sure you have the proper documents in place. You may move to another state, get divorced or remarry and have children from previous marriages you would like to provide for. One example of how changing laws have impacted the need to plan is the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA). Many of us grew up in a time when a friend or relative was hospitalized, we could call the hospital to inquire about their well-being. Today with HIPAA regulations, hospitals and doctors are no longer able to give out any patient information or confirm a patient is even in the hospital. This is even true for parents whose children are away and over the age of 18! Parents have no rights to obtain medical information on legal-age children, even if the child is covered under the parent’s health insurance. That’s why you should resolve to plan for the future. A signed HIPAA authorization and medical power of attorney allows parents access to their adult children’s medical information. Requirements for these documents can vary from state to state, so an attorney can make sure documents are appropriate for each situation. Feeling smug because you have your estate plan in place? Estate planning is not a once in a lifetime event, but a lifelong process that requires revisiting. The start of a new year is a good time to review to make sure your wishes haven’t changed: Are the beneficiaries you selected in your will and trust still the ones you would name today? How about alternates? Are they still willing and able to assume those responsibilities? Are the beneficiaries on your life insurance up to date? For those with minor children, are the guardians you named the persons you want to raise your children? What about pets? Does your planning reflect all your assets, big and small? Resolve to plan for the future. Have you created letters of instruction with key information in the event of an emergency, including names and contact information for key professional advisors, location of original records, how to find passwords and other key online information, key medical information, insurances summaries and other general instructions? Resolve to Plan for the Future So, while you are setting your new goals for the New Year, ensure you and your family are protected in the event you become disabled, terminally ill or pass away unexpectedly. This could be the one goal this year that has a lasting effect on you and your family’s future. Experienced attorneys, like those at Goldstein, Buckley, Cechman, Rice & Purtz can help guide your estate planning experience and tailor your documents to meet your needs and wishes for the future.