Appointing a Florida Durable Power of Attorney

A power of attorney gives another individual the power to act as an agent on your behalf, for either a general purpose or a specific reason. The scope of the power of attorney can be tailored to your needs for the agent. For instance, you can execute a power of attorney that allows another individual to close on the sale of your home, sell your car, sign a contract on your behalf, or access your bank account. A power of attorney can be executed for just about any legal task, including forming wills, trusts, and giving gifts. Essentially, a power...

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Paying for Home Healthcare with Medicaid

Just because you worked hard to save up money your whole life does not mean that you want to spend that hard-earned savings on medical care. Sadly, Americans are facing a crisis of rising healthcare expenses, and many seniors find their entire retirement savings end up going to providing medical care for themselves and their spouses. Even the adult children of many seniors find themselves footing the bill for home healthcare and other related services that are simply too much for families to provide.  So, how do you ensure quality medical care late into your retirement, while preserving some of your...

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Three Things You Should Know About Special Needs Trusts

If you have a loved one with special needs or severe disabilities, then you might have at some point heard of a special needs trust. These special planning tools are widely regarded as a ‘silver bullet’ for protecting a disabled person’s right to state and federal aid, while preserving any inheritance or assets they may have. But before you run out and spend the time and effort to have a trust drafted for your loved one, there are a few key considerations that a lot of people overlook. Before signing anything or spending your hard-earned cash on an estate plan,...

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Four Common Medical Conditions that Can Lead to Mental Incapacity

When a loved one begins to lose the mental ability to make decisions about their finances and healthcare, it can be extremely terrifying. What will happen to the person’s home, money, property, and so forth? Will they get the care they need? Who will sign contracts and hire caregivers? Who has the right to make decisions for them now? These are all questions that must be answered, and it can be a complex and dizzying process for adult children or spouses. As a faith-based law firm in south Florida, the Sejour-Gustave Law Firm, PLLC is poised to help families make...

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Trusts are Useless if You Do Not Know How to Use Them

You read it correctly; a trust is entirely useless without skilled advice to go with it. After all, a trust is just a document. Much like a contract, a will, a power of attorney, or a set of instructions from a furniture store, a trust does nothing until a living person takes action. So, although it is important to draft the trust correctly, many times it is the attorney advising the trustee later that makes all the difference. If you have been named trustee of a Florida trust, and you are concerned about honoring the deceased individual’s wishes, while protecting...

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Adult Guardianship in Florida

As we age, many adults will experience some decline in health, including cognitive decline. In fact, per the Centers for Disease Control and Prevention (CDC), about 11.7% of all adults will experience some form of cognitive decline once they are over 65. Cognitive decline can be defined as a relative loss of mental capacity and functioning. Cognitive decline can happen for many reasons, including organic brain disorders like dementia or due to stroke or other health conditions. As we age, the risk of decline becomes more pronounced. In addition to the human toll of decline, there are legal concerns facing...

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Do I Need to Probate an Estate in Florida?

One of the simplest, yet most common questions estate planning lawyers get is, “Will I need to probate my estate?” The answer is relatively simple, yet complicated at the same time. At Sejour-Gustave Law Firm, PLLC, we are a faith-based law firm, guided by principles of law and heartfelt devotion to Christ. As such, we see one’s final wishes in a different way than many attorneys. We understand that there is often far more to one’s final estate than dollars and cents. Sometimes, matters of conscience are just as important. So, when deciding whether a probate estate will be needed,...

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Estate Planning Basics for the Family Owned Business

Few things in life can bring more joy and satisfaction than owning a business. It can provide flexibility, autonomy, and a great income for generations. Successful family-owned businesses often are handed down to children and grandchildren, creating legacies as well as wealth. But business owners face more complex questions when preparing their final affairs. Unlike most Americans, small business owners have added concerns about who will take over the business, how the business will be run after they are gone, and what would happen to the business if they became incapacitated in some way. These and more are issues that...

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