The 6 Core Estate Planning Documents Every Florida Resident Should Have

When it comes to protecting your family, assets, and legacy, estate planning isn't just for the ultra-wealthy — it's essential for anyone who wants to stay in control of their future. But if you're living in Florida, there's a catch: our state has unique laws that make relying on out-of-state documents (or outdated forms) a major risk.

At HH Law PLLC, we help clients across Florida build estate plans that work when they’re needed most. Below are the six foundational documents every Florida resident should have — and why each matters.

1. Last Will and Testament

A Florida Last Will and Testament allows you to:

• Name a Personal Representative (executor)

• Direct how your assets are distributed through the court-supervised probate process

• Appoint a guardian for minor children

While a will doesn’t avoid probate, it gives the court clear instructions and reduces potential family disputes. It must meet Florida’s strict signing and witness requirements to be valid.

2. Revocable Living Trust

A Revocable Living Trust is the backbone of many Florida estate plans. It allows you to:

• Avoid probate altogether by titling assets in the name of the trust

• Maintain privacy (wills become public in probate; trusts do not)

• Provide continuity in the event of incapacity or death

You retain full control during your life and can amend or revoke the trust at any time. After death, the trust becomes irrevocable and distributes according to your instructions.

3. Durable Power of Attorney (DPOA)

This legal document appoints someone to handle your financial and legal affairs if you become incapacitated. Florida law requires specific statutory language for it to be enforceable.

A few things to know:

• It’s usually effective immediately, unless you choose a “springing” power (which can be harder to enforce)

• Your agent can manage bank accounts, real estate, and sign legal documents on your behalf

Out-of-state powers of attorney often fail in Florida unless updated.

4. Health Care Surrogate Designation

This document authorizes someone to make medical decisions for you if you can’t speak for yourself. It goes hand-in-hand with other healthcare directives and is critical during medical emergencies.

• Choose someone who understands your wishes

• Make sure your surrogate knows they’ve been appointed

• Florida law allows the surrogate to act immediately or only upon incapacity — we’ll guide you through the options

5. HIPAA Authorization

HIPAA is the federal law that protects your private health information. Ironically, it can also prevent your loved ones from getting medical updates if you're incapacitated.

A standalone HIPAA release ensures:

• Doctors can speak with your healthcare surrogate

• Your family can access important medical information

• You avoid unnecessary delays or privacy obstacles

6. Living Will (Advance Directive)

A Florida Living Will expresses your wishes about life-sustaining treatment in end-of-life situations — such as artificial nutrition, hydration, and ventilator use.

It provides clarity for your family and:

• Avoids court intervention (like in the Terri Schiavo case)

• Reduces guilt and indecision for loved ones

• Gives you control over your final moments

Why Florida Documents Matter

Florida has specific laws that make many generic estate planning templates risky or even unenforceable. Some examples:

• Florida requires two witnesses and often a notary for many documents

• Durable Powers of Attorney must include specific “superpowers”

• Healthcare documents from other states may not be accepted by Florida providers

If you’ve recently moved to Florida, it’s essential to have your documents reviewed and updated to comply with state law.

Final Thoughts

A complete estate plan does more than distribute your assets — it protects your health, your decisions, and your family. These six core documents are just the beginning.

At HH Law PLLC, we provide tailored estate planning for Florida families, professionals, retirees, and business owners. If your plan is outdated, incomplete, or built on out-of-state templates, we invite you to schedule a strategy session and get peace of mind.

At HH Law PLLC, we help clients across Florida build estate plans that work when they’re needed most. Below are the six foundational documents every Florida resident should have — and why each matters.