Can You Vote for a Disabled Person with a Power of Attorney?

NO.

In Florida, you cannot use a power of attorney to vote on behalf of someone else.

The point of a power of attorney is to act in place of the maker of the power of attorney.  We normally see this being done in banking and healthcare decisions.

But, voting is an act that is uniquely personal, and a power of attorney is typically not permitted to perform acts that are so personal to the principal. Any exception would have to be made by statute. 

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

This blog post is not case-specific and is provided only for educational purposes and is not intended to provide specific legal advice. Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

Some Common Misconceptions About Estate Planning

  1. I am not rich so I don’t need an estate plan
  2. Everybody knows what I want, so why do I need a will?
  3. Minimizing taxes is one of the most important goals in developing an estate plan. 
  4. My spouse and I have been separated for many years, but haven’t bothered to get a divorce. I am not going to leave him/her anything. 
  5. My significant other and I have been living together for many years and I want him/her to inherit everything I have. 
  6. I have a simple will that takes care of all my concerns and that is all I need. 
  7. I have got a trust and that takes care of everything. 

Here’s a checklist to help you deal with these concerns:

  1. Review your will or trust to make sure it remains consistent with your wishes.
  2. Check your medical directive and financial powers of attorney to insure that they remain consistent with your wishes.
  3. Review your beneficiary designations.
  4. What about your pets?
  5. Do you have specific wishes for a funeral and burial?

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

This blog post is not case-specific and is provided only for educational purposes and is not intended to provide specific legal advice. Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

Of the over 200,000 Americans who have died unexpectedly from COVID-19 in the past 7 months, most of them were likely not planning for a sudden death. According to caring.com, “fewer than half of those 55 and older had completed estate-planning documents. The number one reason being they “haven’t gotten around to it.” 

However, the concerns surrounding COVID-19 has led to a “boom” in estate planning. Estate planning checklists have begun to appear online to provide guidance on planning for life before and after death.

If there is one thing to take away from the risks of the Coronavirus, it is the importance of estate planning. Procrastination poses a risk that will go unnoticed for years if not checked. Keeping your will and living will updated is necessary in order to be prepared to die. 

Being prepared to die and being ready to go are not the same thing, of course. However, you can never be ready to go if you are not prepared to die; through end-of-life planning, you can get there. 

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

This blog post is not case-specific and is provided only for educational purposes and is not intended to provide specific legal advice. Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

UPDATING YOUR WILL AS LIFE CHANGES

If COVID has taught us anything, it is that life is unpredictable and things are constantly changing. Due to the ever-changing aspects of life, you should update your estate plan as your life situation changes. 

Below are a few life events that may spur a change or at least a review of your estate plan:

  • Children, grandchildren, & dependents
    • Have you had children or have your children had children?
    • You may need to add or remove beneficiaries based on the children being born or even dying. 
    • You must also consider college funds and other accounts similar in nature. 
  • Changes in assets and ownership 
    • Have you acquired new properties?
    • New or old businesses? 
  • Gifts and Donations
  • Home and Health 
  • Changes in-laws 
    • have changes already occurred
    • are they expected to change?
  • Marital status

This is not an all-inclusive list but it will get you started on thinking about those life changes that you need to think about and redo your estate plan!

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

This blog post is not case-specific and is provided only for educational purposes and is not intended to provide specific legal advice. Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882
Toll Free: 877.447.4667
New Smyrna Beach Office:
629 N. Dixie HWY
New Smyrna Beach, FL 32168
Local: 386.256.4882
Toll Free: 877.447.4667