For further information contact:
Rosemarie Tamunday-Casanova, Administrator
(941) 366-0801
Email: rose@rightaccordhealth.com
www.RightAccordHealth.com

July 19, 2010

FOR IMMEDIATE RELEASE

Good Deed to Benefit Local Organization

Sarasota, June 23, 2010 RIGHT ACCORD Private Duty-Home Health Care

Kathryn Larkin, Client Relations & HR Manager of RIGHT ACCORD Private- Duty Home Health Care, participated in the Muscular Dystrophy Association (MDA) by being “locked-up in jail” in order to raise bail to benefit children with MDA. Larkin raised $230 and the funds will be able to help a child with one group session and one physical, occupational or respiratory therapy consultation.

The organization can be reached at www.mda.org

RIGHT ACCORD Private Duty-Home Health Care provides an affordable solution for older individuals or couples capable of managing their physical needs or personal care, but who require non-medical assistance, light housework, meal preparation and/or companionship in order to remain at home. Right Accord provides services in Sarasota, Bradenton, Longboat Key, Venice, Siesta Key, Casey Key, North Port and neighboring towns.

RIGHT ACCORD services can be arranged for as little as three hours, or for as many as 24 hours, a day. Short term assistance or longer term care is available seven days a week, including holidays.

When a potential client contacts the company, RIGHT ACCORD will arrange a meeting with the client and his or her families to discuss what services are needed. “Cost is on an hourly basis, “Tamunday-Casanova said, “so hours can be decreased or increased based on changing needs.”

The company’s Caregivers are carefully selected individuals who are thoroughly screened, bonded and insured. “Special attention is given to matching Caregivers with clients to achieve the utmost compatibility, “Tamunday – Casanova said.

The Company can be reached at (941)366-0801.

In people and elderly with diabetes, this process doesn’t work properly. Food is changed into glucose, but a problem with the insulin prevents glucose from entering the cells. Glucose begins to collect in the blood.

The 2 main types of diabetes are Type 1 Diabetes and Type 2 Diabetes.

Type 1 Diabetes – means the body makes little or no insulin

Type 2 Diabetes – means the body still makes some insulin, but the cells can’t use it effectively. Over 90% of people with diabetes have Type 2 Diabetes.

Diabetes if left untreated can cause serious problems, including blindness, heart disease and kidney disease. There’s no cure for diabetes but diabetes can be controlled through diet, exercise and medication.

Good food is the key to controlling your diabetes and to good health. Proper diet can reduce the risk of long-term health problems.

Eating right helps control blood glucose levels. Many people with Type 2 Diabetes can manage their condition with proper diet and exercise.

Try to maintain a healthy weight. This helps your body make and use insulin more effectively.  Here’s a few general guidelines:

1. Limit protein to 10-20% of daily calories
2. Limit fat to 30% of calories or less (less than 10% from saturated fat and no more than 10% from polyunsaturated fat).
3. Limit cholesterol to 300mg or less per day.
4. Eat more fiber – 20-35 g per day
5. Limit sodium to 2,400 – 3,000 mg per day
6. Be careful with alcohol – it can lower your your blood glucose level dangerously

Plan your meals  using the exchange system. It can help you control your blood sugar and lose weight.

The exchange system groups similar foods are foods in an exchange group that have about the same amount of carbohydrates, protein, fat and calories.  It’s important to eat a variety of foods from each group. Foods in the same group can be swapped. For example, you can exchange 1/3 cups rice or 1/2 cup mashed potatoes for a slice of bread.

Eat the right amount. Eat the recommended amount of food each day – not too little or too much. Measure portions carefully until you can estimate accurately. Check your estimates every 6 months to make sure portions are not growing. Record what you eat. A journal or diary can help you keep track on how many exchanges you’ve eaten.

Meet with a dietitian. Work with your dietitian. Ask for other foods and recipes and ask your dietitian to help determine the exchanges. A dietitian can help you design a meal plan that’s right for you. Review your meal plan regularly. Changes in your weight and health can mean changes in your diet.

Here’s a few guidelines for managing diabetes with diet and nutrition:

• Eat regularly. Try to eat meals about the same time each day. The type and amount of food eaten for each meal should be about the same from one day to the next.
• Maintain a healthy weight. Being overweight makes it hard for your body to use insulin effectively.  If you need to lose weight, work with your health care provider or dietitian to develop a weight-loss program based on your sex, height, weight and activity level
• Lose weight slowly. Aim to lose 1-2 pounds per week. Eat at least 1,200 calories a day to make sure you get all the nutrients your body needs.
• Plan for sick days. Being sick makes diabetes harder to control. Keep regular soft drinks, sweetened gelatin, sherbet and fruit juices on hand for days when you can’t eat solid foods. Drink plenty of fluids.

Good Nutrition and exercise go hand in hand. Consider the following:

1. Talk to your health care provider. Exercise can help lower blood glucose levels. Bu there may be risks for some people with diabetes. Work with your health care provider to develop an exercise plan that’s right for you.
2. Start slowly. Start with moderate activities such as walking or easy biking. Be active for at least 30 minutes on most, preferably all days of the week. Gradually, you can include more vigorous exercise such as jogging, running or rowing. Aim to do vigorous exercises for 20-60 minutes, 3-5 times a week.
3. Balance exercise with diet. In general, it’s best to exercise 1-2 hours after meals, when blood glucose levels are the highest. Eat a snack before exercising, if appropriate.
4. Take special care of your feet. Foot problems are a common complication of diabetes, so take care. Wear supportive shoes that fit properly. Wear clean socks.

Right Accord is dedicated in keeping you at home with certified home health aides, certified nursing assistants, homemakers and companions who can assist elderly with activities of daily living including meal preparation. Caregivers are trained to prepare special diet prescribed for the elderly. Please call for a free care assessment by a registered nurse at (941) 366-0801.

We provide services in Sarasota and Manatee Counties including neighboring areas such as Longboat Key, Siesta Key, Casey Key, Nokomis, Osprey, Venice and Bird Key.

Getting older does not necessarily mean a person’s driving days are over. But it is important to plan ahead and take steps to ensure the safety of your loved ones on the road. NHTSA offers free materials to help you learn more about how to recognize and discuss changes in your older loved one’s driving.

If you think you need to have a conversation with an older driver about his or her driving abilities, remember that many older drivers look at driving as a form of independence. Bringing up the subject of their driving abilities can make some drivers defensive. So, be prepared with your observations and questions, and – if necessary – provide possible transportation alternatives.

Answering the following questions may help you decide if you need to initiate a conversation with an older driver about driving safely:

- Getting lost on routes that should be familiar?
- Noticing new dents or scratches to the vehicle?
- Receiving a ticket for a driving violation?
- Experiencing a near miss or crash recently?
- Being advised to limit/stop driving due to a health reason?
- Overwhelmed by road signs and markings while driving?
- Taking any medication that might affect driving safely?
- Speeding or driving too slowly for no reason?
- Suffering of any illnesses that may affect driving skills?
If you answered yes to any of these questions, you might need to talk with an older driver about safe driving.

This article is courtesy of The National Highway and Traffic Administration. For more information visit their website at: www.nhtsa.dot.gov

In Sarasota, there’s a Driver’s Assessment and Re-Education Program given by Sarasota Memorial Hospital.
Designed to evaluate and improve driver safety, the Sarasota Memorial Driver’s Assessment and Re-Education program is coordinated by occupational therapists certified in driver evaluation and rehabilitation.

The program includes:
• Assessment of vision, thinking, visual perceptual, physical skills and reaction time
• Behind-the-wheel exercises in a customized driving program car, beginning in a parking lot and then advancing into more complex traffic. Behind-the-wheel assessments are performed in your community where the area is familiar.

Results of your assessment are sent to your referring physician for follow-up and referrals for further services if needed.

Re-Education & Training
The training and re-education program consists of in-vehicle education and practice in challenging situations, correction of unsafe habits and, if necessary, use of adaptive equipment to facilitate safer driving habits.

Referral
A physician referral requesting a driving assessment and listing a medical diagnosis is required for participation.

Information
We are unable to evaluate and treat people who are obtaining their license for the first time or who must drive while seated in a wheelchair. Individuals must be able to get into and out of a vehicle independently to participate in the program. For information, please call (941) 917-2183.

Functional Capacity Evaluations
A Functional Capacity Evaluation (FCE) safely and objectively measures:
• Repetitive lifting capacity at various levels
• Repetitive push, pull, and carrying capacities
• Hand grip strength
• Tolerance for elevated work
• Prolonged trunk flexion in sitting and standing
• Prolonged trunk rotation in sitting and standing
• Prolonged crawl, knee and sustained crouch positions
• Repetitive squat
• Tolerance for prolonged sitting and standing
• Maximum walking, stairs and stepladder capacity
• Balance
• Hand coordination

Results and recommendations are discussed with the patient and the referring physician before a program of rehabilitation is designed.

For more information, please call (941) 917-1385 or visit www.smh.com

If you or your loved one is experiencing difficulty with transportation, our caregivers are able to provide companionship, in-home care assistance and incidental transportation services to keep you or your loved ones at home as long as they possibly can. Transportation to doctor’s appointments, errands, social and personal appointments are travel -assisted by our qualified care providers such as certified nursing asssitants, home health aides or companions.

We provide services in Sarasota, Manatee and its’ neighboring towns such as Longboat Key, Siesta Key, Casey Key, Bird Key, Lido Key, Nokomis, Venice, and Osprey.

Consider the following questions and see which statements express how you think you’d feel if you were near death.

It’s important to me to:

• “Die without pain and suffering”
• “be able to make my own decisions”
• “leave my family with good memories”
• “not burden my family with difficult decisions”
• “act according to my religious beliefs”
• “be with my loved ones at death”

Consider the medical possibilities. Imagine yourself in a coma or unconscious condition, with permanent brain damage or terminally ill.

Then ask yourself which of these statements best describe your feelings:

1. “It is important to me to prolong life, regardless of pain, chances for recovery and cost.”
2. “I prefer to avoid life-prolonging measures if the chance for recovery are not good.”

Discuss your responses with your family and friends, physician, religious leader and your lawyer. Check with your State laws regarding living wills and durable power of attorney for health care. It is always a good idea to have both.

Don’t forget to put your wishes in writing and be specific as possible. Make sure you sign and have them witnessed and notarized. Keep a record in your wallet stating that you have advance directives and where it is located. Give your physician a copy to be kept as part of your medical records. if you use a durable power of attorney for health care, be sure to give a copy to your proxy. Discuss your advance directives with your family, friends, physician and proxy. give copies to a relative or friend who is likely to be notified in the event of an emergency. Inform your physician or proxy if you update or make any changes in your advance directives.

Some common question about advance directives are:

Q. What if i change my mind after I fill out my advance directives?

A. If you are a competent adult, you can always change or cancel your advance directives. In some cases, you may even cancel it verbally.

Q. My relatives has a valid advance directives, can I prevent it from taking effect?

A. No, unless you can prove that the relative is not thinking clearly when he or she created the advance directives.

If you need more information or help in preparing advance directives, you may contact us to refer you to local resources that can assist you.These can include elder attorneys, hospital personnel, hospice, long-term care facilities or home health agencies.

You may also visit www.partnershipforcaring.org or call 1-800-989-9455 for more information about advance directives.

RIGHT ACCORD Private Duty-Home Health Care will be happy to assist you with any questions about advance directives. RNs are available to answer questions and free in-home care assessment should you require more information on how to stay at home with your wishes. Home care services are available to help you at home with assistance from certified caregivers. We provide services in Sarasota, Manatee and neighboring areas such as Venice, Osprey, Nokomis, Longboat Key, Siesta Key, Lido Key, Lakewood Ranch, and Casey Key.

For more information about maintaining your lifestyle right at home, call (941) 366-0801.

It is easier for people with disability or special needs to maintain physically and socially active in today’s society. Many people with disabilities now use scooters and wheelchairs to assist them in their transportation needs.

In addition,  with modern technology, people can now be transported in a specially equipped vans or public transportation vans designed for the handicapped and wheelchair dependent clients. Majority of public places such as restaurants, shopping malls, airport and supermarket are designed to accommodate people with disabilities which makes it more satisfying and comfortable for disabled people to come.

If a senior is ill or hospitalized, the case manager will initially arrange for non-emergency transportation if you require wheelchair or stretcher when you leave the hospital or rehab facility. When admitted to a nursing home,  rehabilitation facility or assisted living facility, a person may also need to be transported to doctor’s appointments and medical procedures. The case manager or social worker or facility scheduler will also arrange for non-emergency transportation.

Right Accord Transport is available in Sarasota and Manatee County to accommodate non-emergency transportation requiring wheelchair or stretcher. Caregivers such as  certified home health aides or certified nursing assistants or companions are available should you require special assistance when traveling to such as medical appointments,  social appointments, visiting friends or family, airport travel or going out of state travel.

At Right Accord Transport, it is our utmost goal to assist you in maximizing your independence and provide you with safety and comfort during your travel.

Our newest state of the art vans are designed to accommodate special mobility needs. The drivers are CPR certified and are very dependable and polite. Our rates are very reasonable and affordable.

To book your next non-emergency wheelchair or stretcher  transport with us, please call (941) 366-0801 or you may book on line by visiting our website at www.rightaccordhealth.com.

Right Accord Transport is available 24/7 in Sarasota and its neighboring areas such as Bradenton, Lakewood Ranch, Siesta Key, Longboat Key, Osprey, Venice, Nokomis, Casey Key, Bird Key.

Elderly nutrition and counseling is available in Sarasota, Florida.

How is it possible for someone to look at the person and tell whether that person’s body is well nourished? A well nourished person usually manifest physical evidence such as shiny hair, clear skin, firm flesh and good posture. People with good nutrition also shows more energy and is more alert.

Seniors are more prone to be undernourished due to the fact that they may not have the desire to eat or they may not have the energy to go to the supermarket and prepare themselves nutritious meals. In many cases, the elderly will feed themselves with snacks that are empty caloric foods  or would eat outside which often this type of diets are loaded with excessive fats, salt and cholesterol. Most diseases are aggravated by wrong diet such as hypertension, diabetes, congestive heart failure, etc.

In home care assistance from a home health aide or caregivers from Right Accord Private Duty- Home Care in Sarasota, Florida are trained to provide proper nutrition to the elderly in the community. By utilizing the assistance from caregivers,  seniors are able to receive assistance from doing the food shopping and selecting proper foods and cooking a well balanced diet.

Right Accord caregivers in Sarasota have taken clients to receive nutrition counseling at the Sarasota Memorial for Outpatient  Nutrition Counseling Program and Lifestyle Coaching. Our clients have benefited from this program and improved their nutrition and lifestyle.

Insurance may cover this program therefore it is important to check with your insurance to verify coverage and costs.

The program offers a personalized nutrition counseling from a Registered and Licensed Dietitian such as special meal planning, individualized eating and lifestyle plans, computerized nutrition analysis, review of the senior’s blood work,  recipe make-overs, weight loss strategies, and tips for healthy cooking and dining.

For more information in the Sarasota Memorial Nutrition Counseling and Lifestyle Coaching Program, you may contact:

Sarasota Memorial Institute for Advanced Medicine/HealthPlex at 5880 Rand Blvd., Sarasota, FL. Tel: (941) 917-7468 or visit www.smh.com.

Right Accord Private Duty-Home Care provides in-home care assistance to seniors  in Sarasota and its surrounding areas such as Venice, Longboat Key, Siesta Key, Osprey, Nokomis, Bradenton and Lakewood Ranch area.  For more information about Right Accord Services and schedule a free consultation or assessment, please call (941) 366-0801.

RIGHT ACCORD Private Duty-Home Care announced today its new affiliation with The Senior’s Choice (TSC), the nation’s largest network of independent senior care companies. As a member of TSC, RIGHT ACCORD leverages the experience and support of hundreds of home care companies across the U.S. The owner, Rosemarie Tamunday_Casanova, started the company in 2007 to provide affordable senior care solutions for older individuals or couples who require non-medical assistance, help at home, personal care, light housework, meal preparation, and/or companionship in order to remain at home. In the past year, Rosemarie began searching in earnest ways to improve her company’s service and efficiency.

According to Rosemarie, the new affiliation provides a “gold standard” of caregiver selection and best practices that today’s savvy seniors are demanding. ” As seniors become more knowledgeable about their care options, they seek higher quality from their providers. I’ve been quite impressed by the tools, resources, training and support available to me through The Senior’s Choice and I’ve always felt that my clients deserve the very best”, said Rosemarie,  “it was an easy decision to join The Senior’s Choice because everyone benefits, especially my senior clients”.

One-on-one service is what RIGHT ACCORD is acclaimed for and what their clients want. RIGHT ACCORD Caregivers are thoroughly screened, bonded and insured and now, through affiliation with TSC, they are provided with senior care industry’s most comprehensive training. And Rosemarie gives special attention to matching caregivers with clients to achieve the utmost compatibility.

A Census Bureau report released in 2008 forecasted that the 65-plus population will grow to one in every five Americans by 2030 and one in every four in 2050. The fastest-growing segment of the population will be the people ages 85 and older, whose numbers are expected to triple to 19 million in 2050.

“Research shows that older people who remain at home live longer and happier lives that do people of similar circumstances that are forced to leave their homes and live in other environments. The vast majority of seniors want to stay in their own home instead and we’re committed to helping them achieve that for as long as possible,” said Rosemarie.

RIGHT ACCORD is licensed in Sarasota and Manatee Counties. It provides in-home care assistance services in Sarasota, Bradenton, Longboat Key, Siesta Key, Venice, Nokomis, and all of Sarasota surrounding areas.

RIGHT ACCORD can be reached at (941) 366-0801

Falls are often due to hazards that are easy to overlook but easy to fix.

Falls are the top cause of accidents in people over age 65. Falls are also the main cause of serious injuries and accidental deaths in older people.

Even older people who appear to be strong and well can fall. Falling is a real threat to their ability to live on their own.

What are some causes of falls?

The normal changes of aging, like poor eyesight or poor hearing, can make you more likely to fall. Illness and physical condition can affect your strength and balance. Poor lighting ot throw rugs in the home can make them more likely to trip or slip.

The side effects of some medicines can upset the balance and make them fall. Medicines for depression, sleep problems and high blood pressure often is the cause of falls. Some medicines for diabetes and heart conditions can also make unsteady on your feet.

Clients may be more likely to fall if they are taking four or more medicines. They are also likely to fall if there has been a change in the medication within the past two weeks.

Help can be done by simply looking around the house or place of residence by using this fall prevention checklist:

Check that pets are not in your way.

Check that you are not dizzy before starting to move.

Stand up slowly and walk carefully.

Check clutter to prevent slipping or tripping:

• keep clutter out of pathways
• keep e;ectrical cords out of the flow of traffic

Check all rugs, runners, and mats to prevent slipping or tripping.

• Rugs and runners tend to slide. Double-faced adhesive carpet tape or rubber mats can be used to prevent rugs from sliding. tack down carpet edges to avoid tripping or remove throw rugs.
• watch each step as you move to different surfaces.

Check the telephone so they can get help:

• Locate the telephone where it is accessible in the event of an accident that may leave the client unable to stand.
• Suggest by buying cordless phone to keep with them as they move about.
• Post emergency numbers near the phone
• Suggest using a medical alert call button system. It is a good safety feature to have.

Check cupboards and closets to ensure self-storage:

• Organize cupboards and closets. Place frequently used items on shelves between waist and shoulder level to prevent climbing or stooping which may risk in a fall.
• If they need to reach a high shelf, is there a sturdy stool.

Check the bathroom to prevent slips and falls:

• Equip bathtubs and showers with non-skid mats and adhesive strips to prevent slipping.
• Is there grab bars? They help client get in and out of the tub or shower safely. They also help prevent falls.
• Locate a light switch ( a glowing switch that can be seen in the dark ) near the entrance of the bathroom. Nightlights are helpful too.
• Suggest a shower bench to bathe.

RIGHT ACCORD Private Duty-Home Health Care is committed to Fall Prevention at home for Sarasota and Manatee County senior residents. We provide a free in-home fall risk assessment done by our experienced clinicians to assist the elderly in keeping them safe at home and free from fall. A comprehensive fall assessment tool is used to find out what causes falls in the elderly at home and how we can help to prevent a fall. The clinician will inform seniors any modifications necessary depending on the outcome and degree of risk of the senior for falling. RIGHT ACCORD’s mission is to keep elderly in their homes as long as they possibly can.

For many, our journey in life includes many roles. We go to college to prepare us for our future career in life. These roles have somewhat gave us an idea on what we want to become but none have prepared us for the role as a caregiver.

Kathryn summed it up best after two years of caring for her 60-year old, once vital husband who had suffered a massive stroke. Taking him from hospital to outpatient rehabilitation to a necessary, more intensive live-in rehabilitation center, she had to spare some energy for fighting with his insurer to pay for his ongoing medical, rehabilitative, in in-home care. “It is staggering how ill-prepared we are for these types of situation, ” she said. The last two years have taught me that the current system of long-term care and connection to needed services is not taking care of what we caregivers and those we are caring need.”

Caring for the caregiver at home is very important.

Family members who care for their loved ones, are often, left to navigate a bewildering array of services, assuming that they know the options available and are confident of the choices they are being asked to make. Once an individual is confronted with a care-giving imperative along with the sheer emotional and physical toll of caring for a loved one, finding and accessing available resources presents a new challenge.

The professional community and individual agencies have organized a variety of services, both at the community level and nationwide. Federal and state aging agencies increasingly focus on initiating programs directed toward healthful lifestyles for older adults, encompassing exercise, nutrition, fall prevention, and self-care. For fragile and vulnerable elders, programs are in place to provide in-home care services for daily tasks, respite provisions, and home modifications.

Hospital discharge planners, area agencies on aging, senior centers, social workers, geriatric specialists, and allied professionals provide local referrals and sources, including caregiver support groups in diverse programs at separate locations. What is missing among these silos of care is an understanding of what the caregiver really needs: recognition and coordination to connect to help.

While the medical community is becoming educated in geriatric patient care, family caregivers are often unintentionally overlooked in the process. They may be present in the office as loved one’s advocates, but caregivers are – or often feel – invisible.

While caregivers are deep in the process of caregiving, they benefit from morale boosters of concern for their health and well-being and a friendly copilot to navigate the world of special resources needed for such challenges. Professionals need to recognize that caregivers want to be acknowledged, understood, and valued as individuals placed in emotionally charged situations in the continuum of their caregiving roles.

Professionals can provide links to legal, medical, and other care issues for what lies ahead, beginning with answers to the questions “Where do I start?” ‘What will I do?” and “How do I find out what is available?”. Caring for caregivers early on helps strengthen them and the quality of their care. Even the most capable families can benefit from consultation because they don’t have experience with the new and complex challenges of caregiving and service arrangements. Our agency professionals will help caregivers navigate the resources in the community or consider in-home care assistance to ease some of the stress.

Looking forward, professionals are the natural locus point to provide the “connective tissue” between the array of caregiving services, coordination, and access to care plus the emotional support in valuing their roles. Right Accord will do just that to care for the caregiver in the home.

To demonstrate how this new era of caregiving connectivity may work, Right Accord in Sarasota, Florida collaborates with local agencies in Sarasota, Venice, Bradenton and Longboat areas. To provide these connections between professionals,caregivers, and older adults, there are different locations that can serve as starting places where caregivers can learn what local resources are available, find a care manager, and participate in support groups and individual counseling.

CAREGIVER CONNECTION is a program in Sarasota, Florida sponsored by Sarasota Memorial Health Care System and the Neuro Challenge Department proving monthly caregiver support groups. Program is fun and interactive while giving tips on improving coping skills, guidance and good advice from others sharing the same experiences. There’s complimentary refreshments, no reservations necessary and most of all it’s free.

The program is held monthly at the Sarasota Institute for Advanced Medicine located at 5880 Rand Blvd. Sarasota, Forida. The progra is facilitated by Marilyn Tait, Neuro Science Educator, Patient Advocate for Sarasota Memorial Health Care System. Below is the 2009 schedule of programs held every second Wednesday of each month from 9:30am – 10:30am.

August 12 – “How To Be Your Own Best Friend”

September 9 – “How to Cope With Role Reversals and More, More, More”

October 14 – “How to Rest, Relax & Rejuvenate”

November 11 – “How to See Beyond The Surface to What Lies Beneath”

December 9 – “How To Live Today & Hope For Tomorrow”

Excerpted from Aging Well by Jody Dunn

As an estate planning attorney who meets with clients to discuss their estate needs, I have found over the years that there are number of myths that persist about wills, trusts and probate in the State of Florida. Before we delve into those myths though, it is even more crucial to know what 4 estate planning documents that every single individual should have at a minimum: a Last Will and Testament, a Health Care Surrogate, a Durable Power of Attorney and a Living Will.

This is not to say that more complicated estate planning techniques, beyond tha 4 minimum documents mentioned above, may be appropriate for certain individuals. This is where an education and counseling focused attorney can assist clients in learning how to best plan their estates to meet their goals and needs both while they are living and after they pass on. For the purposes of this article, however, I am just going to discuss the documents mentioned above and why they are so important for seniors living in Sarasota, Florida.

Wills vs. Trust

When a person dies, they have prepared either a Last Will and Testament which is called testate, or in the event that they have not prepared a Last Will and Testament,they die intestate. In either situation, their estate must be probated by the Florida Courts. The Florida Statutes provide the outline for the administration of a probate estate.

A will is a document which only begins to function at the time a person passes away. Essentially, it is an instruction book to the Executor (in Florida called a Personal Representative) about how to dispose of assets after all expenses and obligations of the Estate are taken care of following the person’s demise. In the event that there are minor children of the decedent, a guardian may be nominated within the Will to care for their personal and financial needs. therefore, a Will serves to take away the speculations about a person’s final wishes which may otherwise arise when a person dies intestate.

In my estate planning conferences with clients, many times I have heard these clients express the myth that if they die without a will, their entire estate will go to the State of Florida. As stated earlier in this article, the Florida Statutes provide for the administration of estates in our State. Those statutes also provide for how intestate estates will be distributed. In most cases, the assets are distributed to the family members in percentages which are set forth in the statutes. However, in very rare instances, when a person dies without family members, the estate would go to the State of Florida.

Regardless of whether or not it is a testate or intestate case, family members are protected from the decedent’s creditors by way of Family Allowance and Exempt Personal Property set asides. Through these provisions in the Florida Statutes, the surviving family members that were dependents of the decedent are entitled to receive up tp $18,000 per family expenses during the probate process. Under the exempt personal property provisions, the furniture, and personal automobiles owned by the decedent are also protected from creditors.

A few final thoughts regarding the Last Will and Testament and probate process. As a general rule, the probate process will take apporxiamtely six (6) months to a year depending on the variety of factors, which include but not limited to the state of the real estate market if there is a real property to be sold. Within the provisions of a Will, a testator cannot project his testemetary wishes beyond the time frame of the probate process; ie. he cannot control the disposition of his assets beyond the grave. Should a testator decide what wishes to retain control over how the assets are distributed over time to his beneficiaries, then he may wish to consider the use of a Revocable Living Trust which provides more options both during life and thereafter.

Trusts have been used for hundred of years. The basic trust agreement consists of a Grantor who appoints a Trustee to manage the assets of the estate for the benefit of certain named individuals.Over the years, Florida has enacted numerous statutory provisions governing trusts,the most recent and sweeping changes occur in 2007, which substantially changed the Florida Trust Code completly.

Unlike a Will, when trust is formed it is a separate and distinct entity from its creator, the Grantor. In other words, when the grantor appoints a trustee to manage assets for the benefit of the individuals he has selected, a separate legal entity comes into existence, which holds title to the assets. Due to the fact that this is a separate legal entity, it can exist long after the Grantor’s death, thereby providing for distribution of assets far into the future according to the Grantor’s wishes.

As an estate planning attorney, not only do I concern myself with designing strategies that minimize a client’s exposure to creditor’s attacks, but also try to reduce their overall estate tax liability at the time of death. Both of these objectives may be attained by focusing on the client’s goals and determining the appropriate estate planning strategy for them. However, it is also important to focus on the client’s needs during their life. Therefore, I recommend to clients that they try to anticipate and provide the necessary tools to deal with periods of incapacity. With that in mind, almost all clients that I prepare a will or trust for will also receive a set of power of attorneys.

Durable Power of Attorney

A Durable Power of Attorney grants immediate authority to a trusted individual to buy, sell, mortgage, and many other financial powers that become invaluable during a period of incapacity as a result of illness or accident. Unlike a general power of attorney, the power conferred is durable, meaning it is unaffected by the person’s disability.

Health care Surrogate and Living Will

The designation of health care surrogate and living will are also durable powers. However, they are specifically limited to medical and hospital settings. Through the preparation of these documents prior to the time a person is incapacitated, a person can express their wishes for their medical care during periods when they are unable to do so. This can become especially important in the event of a serious or catastrophic illness at a hospital, hospice or nursing home.

By preparing a living will and designation of health care surrogate when they are well, these documents enable a seriously ill or comatose patient to designate a trusted friend or family member to prevent the use of respirators and other heroic medical treatments and life sustaining measures that may be viewed as only extending life when there is no reasonable hope or expectation of recovery.

In conclusion, this has been a very brief discussion of estate planning options. Numerous options exist for advanced planning techniques for those individuals who are interested in qualifying for Medicaid benefits, as well as asset protection for high-net worth individuals but may be interested in meeting with me to discuss estate planning or one of my other practice areas, please contact me at (941) 906-7585 or visit my website at www.kinglawpl.com.

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