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SOMETIMES RATIONAL COLDNESS IS PREFERABLE
by William R. Mumbauer - Attorney - www.flwillstrustsprobate.com A reader asks: My attorney is in the process of preparing advanced directives for me. When I mentioned that I wanted each of my three daughters, two of whom I am very close to, to serve in succession as my health care surrogate and that I definitely wanted my partially estranged daughter listed last, my attorney responded by recommending that she be named first as my surrogate. Why would he say this? Response: In a word, human nature. Just as a doctor’s professional objectivity may be compromised by treating close family members, it may be difficult for your two more loving daughters to objectively make life and death medical decisions for you such as removing life support. Often, it is just easier to make judicious decisions regarding people we don’t have a close relationship with. Because of this, should you sustain a serious injury or illness, the odds are in your favor that your partially estranged daughter will make more rational medical decisions on your behalf then if she felt closer to you. Sometimes rational coldness is preferable.
Mr. Mumbauer, a 5th generation Floridian, has maintained a law practice in Brandon, Florida since 1980 with emphasis on estate planning. Mr. Mumbauer takes special pride in representing the senior community by maintaining a sensitive and practical approach to problem solving. Mr. Mumbauer is a member of the National Academy of Elder Law Attorneys and the Elder Law Section of the Florida Bar. Mr. Mumbauer is also a Mentor in probate law and has been qualified by the Second District Court of Appeal in Florida as an expert witness in matters involving the drafting of Wills. Mr. Mumbauer’s Martindale-Hubbell Peer Review Rating among judges and lawyers for Legal Ability is High to Very High and his General Recommendation Rating is Very High. His articles are based on general principles of law and are not intended to apply to individual circumstances.
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