Author: WB Admin

Things to Consider When Setting a Medical Power of Attorney

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Sunday November 1, 2020.

When it comes to the care and treatment of a loved one, you want to have your full focus on their best benefit. Setting a medical power of attorney can eliminate a lot of unnecessary stress. It puts your mind at ease because you have an assurance that the desired health decisions will be made according to you and your loved one’s wishes.  Establishing a medical power of attorney in Florida is a relatively simple process. However, having a legal advocate like the Law Office of Wickersham & Bowers will give you the assurance you need to make this process uncomplicated and stress-free.

What You Should Know When Setting a Medical Power of Attorney in Florida

A medical power of attorney (also known as a Florida Designation of Health Care Surrogate or an Advance Directive) is a legal document that authorizes you to appoint yourself (or an alternate individual) to make health-related decisions on behalf of a person who has specific health care preferences in the event he or she cannot make these decisions for themselves. 

For example, if you are appointed as medical power of attorney (MPA) to a loved one, you (or an additional person elected as a secondary authority) can make medical decisions regarding health treatment on behalf of your loved one according to his or her wishes set forth in the MPA documentation.  If a situation occurs when medical choices must be made and your loved one is not in a capacity to give clear instruction, as the MPA, you are the mouthpiece for your loved one when it comes to communicating with health providers. 

It is crucial to complete the medical power of attorney documentation accurately and appropriately according to your loved one’s intentions. Doing so protects the person you are serving in their stead, as well as legally protecting yourself under Florida Statues Section 765.203.

Getting the Best Care When Setting a Medical Power of Attorney

At the Law Office of Wickersham & Bowers, we realize being responsible for the medical wishes of someone you care for can be a tremendous responsibility. That is why we are here to guide you through the process of setting a medical power of attorney. We are here to make transitions in you and your loved one’s life as seamless and easy as possible. For further information about setting a medical power of attorney, please contact us by email or at 386-252-3000 today. Our caring, professional legal team in Daytona Beach Florida is here to help you during your time of need.

Is Splitting Holidays Required for Custody Agreements

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Sunday November 1, 2020.

Holidays are meant to be a time of celebration and spending time with our loved ones.  Parents dealing with divorce often face challenges when it comes to enjoying these special times together with their children.  Knowing your legal rights in Florida as a parent of a minor can give you peace of mind when it comes to splitting holidays for custody agreements. At the Law Office of Wickersham & Bowers in Daytona Beach, we have you and your child’s best interest at heart. 

Negotiating a Parenting Plan for Holiday Custody Agreements

Our Florida law office is devoted to helping you and your family experience the comfort and joys the holiday season can bring. That is why we are here to provide you with the best counsel when it comes to determining holiday custody agreements. 

The first step to stress-free holiday custody terms is to establish a parenting plan.  Florida law requires a parenting plan that distributes equal custody time-sharing. This means each parent receives a 50-50 share of time spent with the child (or children) in a joint custody situation. Therefore, equally splitting holidays is required for custody agreements.  

It is important to establish a clear parenting plan regarding holiday custody to avoid misunderstandings.  The Florida Supreme Court provides a checklist that includes traditional holidays as well as other special days off during the school year.  Establishing this parenting plan is crucial to identifying what is considered a holiday and which parent should receive the child or children in any particular occasion. 

Once finalized, this time-share plan will eliminate doubt and confusion regarding your custody agreement.  With our legal counsel, we can help you negotiate clear terms as to defining fair holiday custody with satisfaction and equanimity.

Getting the Answers You Need About Splitting Holiday Custody Agreements

You can have a healthy, happy holiday season with your family, even after divorce or separation.  Our team of caring legal experts can guide you through the process of splitting holiday custody agreements so you can enjoy your holidays to their fullest. Contact the Law Office of Wickersham & Bowers by email or at 386-252-3000 today so you can consult with one of our family law attorneys. We are happy to provide you the counsel you and your family deserve.

What You Need for a Florida Parenting Agreement

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday October 01, 2020.

Sometimes called a custody agreement, a parenting agreement outlines how parents will share the rights and responsibilities of raising their children. This agreement also establishes a time-sharing schedule, a schedule of days and times for both parents to spend an equal amount of time with their children. In a trial for child support and/or custody, each parent submits a proposed plan and a judge reviews the proposal and creates the final agreement based on what is best for the child.  There are different types of agreements and choosing the right plan depends on the needs to be met for the child. 

Types of Agreements

It’s important to know what type of parenting agreement you need for your child. There are four different types of parenting agreements:

  • Basic Agreements are ideal for co-parents cooperating willingly with one another.
  • Long Distance Agreements are recommended for cooperating co-parents who live more than 50 miles from each other.
  • Highly Structured Agreements are for co-parents prone to frequent disagreements that require mediator or lawyer interventions, or mandated parenting cooperation.
  • Safety Focused Agreements allow a parent-child relationship, but are for cases where the children or parents are at risk for violence, abuse (to include substance abuse), or criminal activities; time sharing is strictly monitored or sometimes denied and this type of agreement also sets guidelines on physical discipline, firearms, parents’ substance use, and other persons allowed around the child.    

Creating Your Parenting Plan

You want a detailed parenting plan that contains all the required information. The more detailed your plan the more effective the final agreement will be. Your proposed parenting plan must address the following:

  • How parental rights, responsibilities, and child care tasks will be shared. 
  • How decisions relating to education, medical (to include dental care), and childcare will be divided.
  • How time-sharing will be divided. 
  • How transportation and child exchanges will work.
  • How parents will communicate with each other.
  • How children will communicate with the other parent during time-sharing.
  • How changes to the plan and schedules will be handled.
  • How conflicts related to the parenting plan and parenting time will be resolved.

How the schedule will develop through time and as the child ages. 

Agreements You Can Get Set Up Before or During Your Marriage to Protect Your Wealth

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning  on Thursday October 1, 2020.

When two people marry, often times financial responsibilities become shared; spouses take on each other’s pre-existing and future debts (credit card debts, collection accounts, student loans, etc.), open joint financial accounts, and file together during tax season. However, when couples divorce, shared assets are divided among both parties, as well as assets gained individually before or during marriage. 

No one wants to lose financial property in the event of a divorce. Marital agreements are contracts between spouses that protect an individual’s assets and address how alimony and property are distributed during a divorce.

Two Types of Marital Agreements

There are two types of marital agreements. A Prenuptial Agreement (also called “premarital agreements”) is signed by the potential spouses before the marriage. A Postnuptial Agreement is put in place after marriage. These contracts don’t have to be renewed and they don’t expire. It is smart financial planning to have a marital agreement in place because it allows spouses control of their individual property during marriage and keeps non-marital accounts, non-marital funds, and separate (not joined, non-marital) property separated. Marital agreements:

  • Cover each spouse’s financial rights during marriage and in the event of divorce 
  • Can protect individual annuities (life insurance policies, retirement plans, pensions, etc.) from being divided between spouses in event of divorce 
  • Determines a waiver of alimony during separation or divorce, or alimony costs and duration
  • May ensure individual’s income earned during marriage is not distributed to spouse in the event of divorce
  • Protects an individual from incurring the debts of their spouse during marriage and protects against legal obligation of debt repayment on those debts after divorce

For some, it might seem unromantic to discuss with your partner the subject of a marital agreement, but it is a very practical option to consider in the event of a divorce for a variety of reasons, plus it protects personal finances and family fortunes. Marital agreements are ideal for:

  • People who owned assets prior to the marriage that they want to protect, 
  • People with children from a previous relationship who want to protect their child’s inheritance from being subject to division in the event of divorce, 
  • Or people who have businesses they want to keep separate from their marriage in the event of divorce.

To file a marital agreement, it must meet certain requirements. Full disclosure of both spouses’ financial information to include statements and assets must be provided and reviewed by attorneys from different firms representing both spouses and found to meet all legal guidelines. 

At our firm we can help you explore options of asset protection and choose the right marital agreement for your needs. Contact our office to schedule a consultation.

Who Should You Choose As Your Power of Attorney?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday August 31, 2020

Appointing a power of attorney can be an uncomfortable and terrifying prospect. Choosing the wrong person or people can throw the incapacitated parties, their families, and their estate into disarray. However, the alternate – leaving everything to chance after the incapacitated party’s death – could cause even more problems.

There are multiple factors to consider when deciding on whom to grant powers of attorney.

Types of Power of Attorney

There are two types of power of attorney:

  • Durable Power of Attorney: A durable power of attorney has control over the signer’s financial, legal, and business holdings from the moment that the signer finalizes the documents to the moment that the signer revokes the power.
  • Contingent Power of Attorney: A contingent power of attorney has control over the signer’s financial, legal, and business holdings from the moment that the signer is incapacitated to the moment that the signer is no longer incapacitated.

Note that both types of power of attorney are revoked if/when the signer dies.

Traits to Seek in a Power of Attorney

Selecting the right power of attorney is more complicated than picking the nearest friend or relative. The power of attorney will have to perform multiple duties under stressful circumstances. Powers of attorney should have the following qualities:

  • The power of attorney should get along cordially and respectfully with the signer’s family. Conflicts with the signer’s family can lead to litigation, which would reduce the value of the signer’s states and therefore reduce the chances of the signer’s wishes being met.
  • The power of attorney should be free of external influences that would override the signer’s wishes with their own. A strong-willed spouse, family member, or friend might successfully manipulate the power of attorney to gain the signer’s funds.
  • The power of attorney should advocate for the signer’s wishes without being unyielding. Compromises may be necessary to make peace with the signer’s family, but the signer’s wishes should be the top priority.
  • The power of attorney should not hesitate to put the signer’s best interest above their own. Designating someone as power of attorney grants tremendous influence over the signer’s estate. An unscrupulous power of attorney could take some or all of the signer’s estate. 
  • The power of attorney should not inherit from the signer’s estate upon death. This would create a conflict of interest where the power of attorney has little personal motivation to honor the signer’s wishes.

Let Us Help You Appoint the Right Power of Attorney

Our firm can help you manage your estate and ensure that your requirements are met. Call our offices, and we’ll schedule a consultation with you.

What Types of Information Can Be Used in a Family Law Courtroom?

Posted on by WB Admin

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday August, 31, 2020.

With the country’s constantly-changing laws – combined with a swarm of misinformation – determining what information can be presented in legal matters can be a daunting task. Generally speaking, all presented evidence must be both legally obtained and pertaining to the issue being litigated.

Information That Can Be Used in a Family Law Courtroom

Admissible evidence and testimony include the following categories:

  • “Writings”: Any legally-obtained document that is pertinent to the matter under litigation can be presented as evidence. Whether the document is text-based, imagery, or a combination of both is not relevant. The form of the writing – whether it be physical or electronic – is immaterial as long as the writing is complete.
  • Witnesses: Any person with direct information or relevant expertise can provide testimony for either the plaintiff or the defendant. Witnesses are generally divided into three categories:
    • Witness of Material Fact: A witness of material fact has observed or heard incidents that pertain to the legal proceedings.
    • Expert Witness: An expert witness is an accomplished individual whose area of expertise overlaps with the issue being litigated.
    • Character Witness: A character witness is someone who knows one of the litigants and is summoned to testify regarding the litigant’s moral code and behavior.
  • Social Media: Any social media that can be printed in its entirety is considered admissible. We’ve previously discussed the implications of displays of indulgence or excessive displays of childrens’ development. It’s advisable to be wary of what to share online, as seemingly-innocuous posts can be detrimental in a court of law.

Information That Cannot Be Used in a Family Law Courtroom

Any evidence that can be proven as illegally-obtained or unrelated can be dismissed. These include:

  • Illegally-obtained recordings: Wiretaps obtained without warrants, illegal recordings, and any media that can be considered an unauthorized breach of privacy are not valid evidence in family law.
  • Irrelevant evidence: Any evidence that is not relevant to the matter under litigation can be excluded after a successful objection. Also, evidence that can be considered prejudicial can be blocked from the legal proceedings.
  • Unauthenticated writings: Documents that cannot be validated are subject to exclusion.
  • Testimony that a witness cannot corroborate: Remarks that are hearsay – unverified testimony about what a third party said – or demonstrate a lack of personal knowledge can be removed from the court record.

It’s important to know what evidence can be admitted and when to object to the opposing counsel’s evidence. Call the attorneys at Wickersham and Bowers today for a consultation!

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