INCAPACITY PLANNING · FLORIDA
If you can’t decide, who will?
Why incapacity planning matters
Without these documents, your spouse or children may not be able to pay your bills, manage your accounts or speak with your doctors. In Florida, the alternative is often a guardianship, a court process that can be time-consuming, public and costly.
Incapacity documents are just as important as a will or trust, and they work while you are alive.
The four documents we prepare
- Durable power of attorney: names an agent to handle your finances, bills, property and other financial matters.
- Designation of health care surrogate: names the person who makes medical decisions if you can’t.
- Living will: states your wishes about life-prolonging treatment at the end of life.
- HIPAA authorization: lets your providers share medical information with the people you name.
Choosing the right people
Your agent and surrogate should be trustworthy, organized and willing to serve. We help you name alternates, decide whether powers should be broad or limited, and coordinate these documents with your trust so everyone knows their role.
FLORIDA AT A GLANCE
- A durable power of attorney must be signed before two witnesses and a notary.
- Florida generally does not allow “springing” powers of attorney; they are effective when signed.
- Some powers, like changing beneficiaries or making gifts, must be separately initialed or signed.
- Health care surrogate and living will forms need two witnesses, and at least one cannot be your spouse or a blood relative.
Talk it through with our team
COMMON QUESTIONS
Questions families ask
Now, while you have capacity. Once someone has lost capacity, it is generally too late to sign one, and the family may need to seek a guardianship.
Not for everything. A spouse cannot automatically sell your separately titled property or manage your individual accounts without authority. A durable power of attorney avoids that problem.
Florida powers of attorney and health care directives are often honored elsewhere, but rules vary. If you split time between states or countries, tell us so we can plan accordingly.
Florida has specific requirements for execution and for certain powers. Forms that miss these details can be rejected by banks or fail when your family needs them most.
