Deer Island, FL Estate Planning Law Firms & Lawyers

Accounts with designated beneficiaries control and pass outside probate, unless a named beneficiary is deceased and there is no successor named. Also, do keep in mind that for a new will to be executed, the testator must have the requisite mental capacity.

Your age would not limit your ability to be your mothers agent under an Advance Health Care Directive because you have attained the age of majority. However for you to be her agent she must name you. Since she lacks capacity she cannot name you at this time. If her needs are not being attended to and she cannot take care of herself you should investigate if her situation is appropriate for the appointment of a conservator. First talk to her husband.

The question is what are you trying to accomplish? There are various solutions depending on exactly what you want to accomplish. Talk to an estate planning attorney directly.