Estate Planning & Life Counsel

Florida basics on the documents that matter most

• Wills & trusts: a will directs how your assets are distributed and can name a guardian for minor children; a trust can avoid probate for the assets placed in it and offers more control over timing and conditions of distribution.
• Homestead election & real estate transfers: Florida's homestead protections (Florida Constitution, Art. X, §4) restrict how a homestead property can be devised if you're survived by a spouse or minor child — a common source of unintended results in DIY estate plans.
• Designation of Health Care Surrogate: names who can make medical decisions for you if you can't, and access your health information — Florida law (Ch. 765) requires two witnesses, and generally does not require notarization.
• Durable Power of Attorney: covers financial and legal matters only — not medical decisions — and under Florida law takes effect immediately upon signing, since Florida does not recognize "springing" powers of attorney that activate later.
• Living Will: states your wishes about end-of-life, life-prolonging treatment, distinct from — but usually executed alongside — your health care surrogate designation.