Kathryn Hawkins • May 10, 2023

Estate planning is a crucial process that involves making legal arrangements for the management and distribution of one's assets and affairs upon their death or incapacity. In Florida, some of the most important estate planning documents include:

1. Last Will and Testament: A Last Will and Testament, commonly known as a Will, is a legal document that outlines how a person's assets and possessions will be distributed after their death. It allows individuals to specify their beneficiaries, appoint an executor to manage the estate, and nominate guardians for minor children, among other things. A Will must be properly executed in accordance with Florida state law to be valid.

2. Revocable Living Trust: A Revocable Living Trust, also known as a Living Trust or a Revocable Trust, is a legal document that allows individuals to transfer their assets into a trust during their lifetime and designate beneficiaries to receive those assets upon their death. Unlike a Will, a Revocable Living Trust avoids probate, which is the court process of distributing assets after death, and can provide more privacy, flexibility, and control over the distribution of assets.

3. Durable Power of Attorney: A Durable Power of Attorney is a legal document that appoints someone to act as an agent or attorney-in-fact on behalf of an individual, allowing them to make financial and legal decisions in the event of their incapacity. This document is "durable" because it remains effective even if the individual becomes incapacitated, and it can be used to manage financial matters, pay bills, make investments, and engage in legal transactions on behalf of the individual.

4. Health Care Surrogate: A Health Care Surrogate, also known as a Medical Power of Attorney, is a legal document that designates someone to make medical decisions on behalf of an individual in the event of their incapacity. It allows the designated surrogate to make medical treatment decisions, access medical records, and communicate with healthcare providers based on the individual's wishes and best interests.

5. Living Will: A Living Will, also known as an Advance Directive, is a legal document that outlines an individual's preferences for end-of-life medical care. It can specify whether or not an individual wishes to receive life-sustaining treatments such as artificial hydration, nutrition, or resuscitation in the event of a terminal condition or persistent vegetative state, and it can guide healthcare providers and family members in making medical decisions.

Estate planning is a highly individualized process, and the specific documents needed may vary depending on an individual’s unique circumstances and estate planning goals. It’s crucial to work with an experienced estate planning attorney to create a comprehensive estate plan tailored to your needs and wishes.