A power of attorney is a written instrument by which one person (the principal) designates someone as his or her agent or attorney in fact to perform certain acts. If it is "durable," it continues in effect even if the principal becomes incompetent. This can be very important if you or your spouse becomes incompetent. It can avoid the appointment of a guardian or conservator for the management of assets.

Although joint property passes to the surviving joint tenant by right of survivorship, we would still recommend that you have a Last Will and Testament. Such Will should make provision for the division of your estate in the event that you and your spouse die more or less at the same time as a result of a common disaster, such as a motor vehicle accident. See similar questions...

Yes. Joint ownership is no substitute for a carefully drafted Will. You may have property in your sole name which you have forgotten; you may inherit from others; you and your joint owner may die in a common accident; or a number of other reasons make it prudent to have a Will. See similar questions...

Assuming that you are the sole or primary beneficiary of your spouse’s estate, what happens if you survive your spouse but die within a relatively short period of time after his or her death? For example, your husband dies at the scene of a motor vehicle accident, and you succumb to injuries sustained in the same accident a short period of time thereafter before having had the opportunity of making your own Last Will and Testament. See similar questions...

If all or most of the debts are in your name only, your spouse may not have to file. Creditors usually cannot pursue a non-filing spouse, unless he or she is legally a co-debtor on the debt. Additionally, the bankruptcy should not be reflected on the non-filing spouse's credit report. The law does vary, however, from state to state so make sure you speak with a Macey & Aleman bankruptcy attorney about whether or not your spouse has to file. See similar questions...

A Power of Attorney is a document by which the grantor (the person who grants the Power of Attorney) grants to another person named the Attorney a series of faculties so that the latter can act on behalf of the former. In this manner, it is understood that when the attorney carries out any act, he/she acts as the grantor would if he/she was present. The Power of Attorney can either be general or limited to one or more specific faculties. See similar questions...

A Healthcare Power of Attorney is a document authorized by Florida law which allows you to appoint another person to make medical decisions and to authorize medical care in the event you become incapacitated or incompetent due to illness or injury. For example, if you are involved in a serious accident and are unconscious, you will not be able to make medical decisions or to consent to treatment for yourself. This ultimately could interfere with your getting the best of care. See similar questions...

A Durable Power of Attorney is a document authorized by Florida law which allows you to appoint another person to act for you with regard to personal, business and financial matters. This differs from the Healthcare Power of Attorney which deals with medical issues. In a Durable Power of Attorney, you authorize someone to be able to do a myriad of duties if you are unable to do them and need assistance. See similar questions...

This is a matter of choice. You may, but are not required to be represented by an attorney. Corporations may be represented by an authorized employee. See similar questions...

Possibly. You need to inform the closing attorney that you want to do this, because he or she will need to see the Power of Attorney beforehand to see if it is valid for your real estate closing. Also, the attorney will need time to prepare additional documents in this situation, and the original Power of Attorney will have to be recorded. See similar questions...

If you wish to create a joint power of attorney you would need a specialized family and estate planning attorney who would draft up a particular document for you. In most cases (even between couples), a power of attorney is drafted for an individual. Most couples who use our service choose to create a second power of attorney for their spouse. See similar questions...

Pursuant to the Rules of Professional Conduct, that attorney's must follow, one attorney cannot represent both parties in a divorce action. It is not required that you have your own attorney to represent you in a divorce action, and it is possible for one attorney to draft a final settlement agreement for both parties to sign. Be aware, that an attorney's job is merely to protect the interest of their own client, and is not with the party without counsel. See similar questions...

Yes. You may allow your Guests edit and revise any of the plans you make available to them (the "visible" plans). You can do this by saving an extra copy of the plan just for them and then hiding the original (so the original plan can't be changed). See similar questions...

Yes. You can do this by viewing the saved plan and using the Send and Print options in the preview window. See similar questions...

Yes. Each person retains his or her own collaborative attorney to advise and assist in negotiating an agreement on all issues. Your attorney informs you of your rights and gives you sound legal advice about your situation. Collaborative divorce attorneys make every effort not to aggravate the tensions that already exist between you. Their role is to create a safe environment for your assessment of options and negotiations for resolution. See similar questions...

If both you and your spouse want to be released from the obligation of paying joint debts, you will both have to file. Otherwise, if just one spouse files, only that person is discharged on the debt. The other spouse will remain liable on the debt. However, a spouse has the right to file solely, without the permission of his or her spouse, regardless of the other spouse's obligation on joint debts. See similar questions...