Areas of Practice

INJURY LAW

If you have been injured in any type of accident, you may be entitled to receive money to make you whole again for your past and future medical bills, lost wages, past, present and future, pain, suffering and inconvenience due to your physical or mental condition.
Insurance companies know which attorneys will and will not take your case all the way to trial.  Without the ability to go to trial, your case will never settle out of court for what it is really worth.  In hiring any attorney it is important to consider his or her experience.  Mr. Gayton has the experience, reputation and capital to take your case to trial.  Preparing your case for trial can be very expensive, but Mr. Gayton has an established law practice that can front the costs of litigation for you so that you do not have to pay anything until you get paid.  He will pursue your injury case on a standard contingency fee agreement, which means that he only gets paid his fee and recovers his costs after you get paid.

ESTATE PLANNING

Durable Power of Attorney in Florida

What is a Durable Power Of Attorney?
A power of attorney is a legal document that allows one person to grant to another person the legal authority to make decisions on the first person’s behalf. The legal authority granted can be significant, including the ability to sell or purchase real estate, transfer money, buy or sell securities, make gifts, and the like. “Durable” means that the document will survive incapacity. It can avoid the high expense and delay of Court appointed guardianship.

Mr. Gayton can advise you on the proper uses of a power of attorney to manage your financial affairs and other matters, and on the particular clauses that should be included in the power of attorney to make it durable, and to make it useful for the purposes required, such as to allow the attorney-in-fact to make necessary decisions for Medicaid planning. Mr. Gayton can also prepare a durable power of attorney that includes a Health Care Surrogate designation.  Such a provision will enable the donor of power to give someone else the ability to make important health care decisions for the person giving the power if he or she is not able to do so, on their own.

What is a Health Care Surrogate Designation Form?
In the State of Florida, the law allows you to designate an individual as a "health care surrogate". Your healthcare surrogate should be someone you trust to make decisions about your medical treatment and care when you are unable to speak for yourself.

Your Health Care Surrogate Designation Form also allows you to write down your desired medical treatment decisions in advance. If a doctor or other health care provider refuses to honor your written wishes, your surrogate can obtain a court order from the County Circuit Court to require them to honor your wishes.
 

Living Wills
A Living Will allows you to document your wishes regarding health care, especially about end-of life care. It permits you to authorize termination of artificial life support if you suffer from a terminal condition.

Doctors sometimes interpret standard Living Wills as if you do not want all reasonable efforts made to treat you if you have a serious condition. If you want to avoid such an interpretation, you need a customized law document tailored to your particular health situation.

Do Not Resuscitate (DNR)
A Do Not Resuscitate Order (DNR) only expresses your wish to do without cardiopulmonary resuscitation (CPR), i.e., the emergency treatment to restart your heart and lungs if either your heart or lungs stop functioning. These are the only instructions that are provided to care givers through a Do Not Resuscitate Order (DNR).

Florida Trusts
Trusts are entities that are formed under Florida law for a variety of reasons, including, to hold money and property. Trusts can be used to protect your assets. A special needs trust protects assets for a beneficiary who still obtains Medicaid and other governmental benefits.
 
 
FREQUENTLY ASKED QUESTIONS ABOUT LIVING TRUSTS
 
Q. What is a revocable living trust?
It is a separate legal entity set up to care for and manage property or funds for you or for the benefit of another.
 
Q. Will a Living Trust protect my estate if I have to go to a nursing home?
No. Many people think that putting their assets into a Revocable Living Trust would help them qualify for Medicaid, because the assets would no longer be titled in their name. Because a Living Trust is revocable and under your complete control, you have not "given anything away". An alternative to Medicaid is long-term care insurance, which one would create to pay for the costs of long term care.
 
Q. If I set up a trust is a will also required?
Yes. A will, called a "pour over" will, is also drafted in conjunction with your trust. If you fail to transfer all your assets into the trust, the will picks up those assets at the time of your death and transfers them into your trust for distribution. All assets "poured into" your trust by the will must go through the probate process first. Guardians for minor children are also named in the will.
 
Q. Will my property taxes increase if I transfer my real estate into a trust?
No. State law stipulates a special exemption for property placed into a trust for the benefit of the Grantor.
 
Q. Does my tax status change when I create a revocable living trust?
No. As long as you are the trustee of your trust, any income generated by assets owned in your living trust are taxed as if they were still held in your name and reported on your personal 1040 form. No special taxpayer identification number and no special tax forms are required.
 
Q. Can I borrow against the assets in the trust?
Yes. The trust does not restrict your rights to borrow on assets in any way.
 
Q. What rights does the surviving spouse have in the trusts assets?
If the surviving spouse is a trustee, he/she has unlimited rights to buy, sell and transfer assets.
 
Q. Doesn't joint tenancy always avoid probate?
No. Joint tenancy does not avoid probate upon the death of the last owner. For instance, if you and your spouse own your house as joint tenants and you die, the house passes to your spouse free of probate. However, when your spouse dies, or if you and your spouse die simultaneously, the property will be subject to probate because there is no surviving joint tenant. Had the house been placed in the living trust, there would not be probate at either death.
 
Q. Who manages the trust?
Usually you name yourself to be the manager (trustee). However, you could name a friend, a child who is not a minor, or a corporate entity, such as a bank.
 
Q. Are living trusts valid in all 50 states?
Yes. A living trust is valid in all states and in most foreign countries.
 
Q. Will I have to rewrite my trust if my personal circumstances change?
You can change or amend your trust as often as you wish. We suggest, after two or three changes, you make an "amendment in entirety" incorporating all of your changes into one document. We assist and include the documentation to make this process simple and easy to understand.
 
Q. How does the trust end?
A living trust is dissolved when all of the assets have been distributed or it may be revoked by the Grantor(s) at anytime.
 
Q. Will a living trust protect me against my creditors?
No. A living trust does not insulate your assets from the legitimate claims of creditors.
 
Q. Can I appoint a minor child as my Successor Trustee?
No. The minimum age for a Successor Trustee is eighteen years.
 
Q. What is the difference between a "revocable" and "irrevocable" trust?
A revocable trust can be changed at any time until a designated event occurs, usually one's death. An irrevocable trust cannot be changed once it has been created.
 
Q. Can the living trust buy new assets without making an amendment to the trust?
Yes. Title to any assets purchased after the execution of your trust should be purchased in the name of the trust.
 
Q. Can a living trust save on income taxes?
No. A living trust provides no income tax advantages.