My Brevard Lawyer

Come one, come all!

Calling all golfers - I am helping the Space Coast Gator Club organize a Golf Marathon (50 holes at Duran’s par 3 course) in late April, and we are looking for 24 golfers to participate. Please let me know if you are interested in playing and/or sponsoring this event, which will raise money for our annual scholarship fund. Go Gators! Chomp! Chomp!

My Brevard Lawyer updated their address.

May is National Elder Law Month, and it's time for parents and grandparents alike to consider:

What are your estate planning goals for yourself and your loved ones?

It may be protecting yourself in the event of sudden incapacity and/or you may want to create an estate plan that ensures that your hard-earned assets go to the people and organizations you want when you pass away.

As part of National Elder Law Month, I would encourage you to discuss your estate plan with your loved ones and an estate planning/elder law attorney.

Often times, we hear that people put off their estate planning because:

- They think they are too young;
- They think estate planning is only for the super rich;
- They think estate planning is too complicated and expensive; and/or
- They think they are protected because they prepared a will 10-20 years ago.

If you have not done an estate plan or not updated it in the last few years, please call and schedule a free consultation, so we can discuss how we may be able to help. We have created estate plans for numerous individuals and families in the Space Coast, and we can help ensure that your assets are protected and scheduled for distribution in accordance with your wishes.

Here is another quick note based on a question presented by one of our clients today. More specifically, they asked, "Can I delay the effectiveness of my power of attorney?"

Historically, Florida provided two possible effective dates for powers of attorney: (1) immediately upon signing or (2) upon the signer's incapacity or otherwise at a later date as directed in the power of attorney.

Since October 2011, however, the second option (referred to as a "springing" power of attorney) is no longer permitted in Florida, unless the power of attorney was executed before October 2011, conditioned on the incapacity of the signer, and a physician treating the signer executes an affidavit attesting to the incapacity of the signer. See Florida Statutes, Section 709.2108.

As such, "springing" powers of attorney can no longer be validly executed in Florida, and it is important to choose agents whom you trust to act on your behalf in these documents.

If you should have any questions about Florida powers of attorney or estate planning in general, please contact our office, and we will be happy to help.

Netzley Law PLLC is participating in International Gator Day, where UF Alumni around the world unite to volunteer and support their local communities.

Locally, we will be donating food to the Second Harvest Food Bank of Central Florida on May 14th, and we are collecting donations.

Please bring any of the following items to our office (1600 Sarno Road, Suite 211) before May 13th, and we will include with our donation:

- Canned Food
- Nonfat Dry Milk
- Evaporated Milk
- Oatmeal
- Water/Nutritional Drinks
- Rice/Pasta
- Baby Food

Thank you in advance for your donations!

Can you sell your home if your spouse becomes incapacitated?

A local relator presented me with this question today, and in short, the answer is yes, you will likely be able to sell your house; however, the time it may take to do so depends on whether a valid power of attorney is in place for the incapacitated spouse.

Without a power of attorney in place (that could have authorized the healthy spouse to represent the incapacitated spouse), the transaction will likely come to a halt until the parties successfully navigate through guardianship proceedings.

This process involves filing a petition with the Court and review by an examining committee to assess the capacity of the spouse, and if he/she is determined to lack capacity, the Court will then determine who should serve as guardian for the individual's person and/or property.

As with all Court proceedings, there are costs of time and money involved, which can vary depending upon the complexities of the matter.

As such, it could prove to be quicker and less expensive to simply meet with an estate planning attorney, long before there are any capacity issues, to draft and help you execute a power of attorney for each spouse.

DISCLAIMER: THE ABOVE IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY, AND IS NOT, AND SHOULD NOT BE CONSIDERED, LEGAL ADVICE. IF YOU SHOULD HAVE ANY QUESTIONS, PLEASE CONSULT WITH A LICENSED ATTORNEY ABOUT YOUR PARTICULAR MATTER OR QUESTION(S).

I have a client who needs assistance with a landlocked property dispute in Brevard County - any referral to a land use attorney would be greatly appreciated (image for illustration only).

I often get asked what is the most important estate planning document, and for me, the answer is simple - a durable power of attorney.

A durable power of attorney allows you to appoint a trusted person to take action/make decisions for you in the event you are incapacitated. Because it is impossible to fathom all of the particular situations that may arise during one's period of incapacity, it is important that these documents are comprehensive. Further, under Florida law, there are certain special powers that must be separately initialed to be effective.

Lastly, one aspect of durable powers of attorney that is often neglected is putting one in place for your children when they turn eighteen (18). When your children go off to college as young adults, if they were incapacitated from an accident or otherwise, without a power of attorney, they would have no one to assist with their financial and medical needs. As such, having a power of attorney in place would allow you, their parents, to manage your child's affairs, as needed.

Gain peace of mind by planning ahead. If you or someone you know does not have a proper, durable power of attorney in place, please contact our office today, and we will be happy to help with this important document.

People often ask what type of law I practice, so below is a summary, and over the coming weeks, I will provide more details as to each area.

Netzley Law PLLC provides an array of legal services to businesses, individuals and families, including: business formation and corporate law, contracts, estate planning, elder law, probate, guardianships, adoptions, real estate and more, depending on the needs of our clients.

If you or your friends, colleagues or neighbors are ever in the need for legal services in any of the above areas, please contact us, and we’ll be happy to help.

For those interested, FREE at-home COVID self-test kits can be ordered at: special.usps.com/testkits.

Welcome to Netzley Law PLLC! Don't forget to like, share and follow our page to stay informed as to how we can assist with your individual, family and business planning. Thanks for visiting our page. We hope to see you soon!

Take a moment today to reflect on and honor the life and legacy of Dr. Martin Luther King, Jr. https://www.history.com/mlk

My Brevard Lawyer updated their business hours.