Powers of attorney and health care directives in Venice, Florida, to protect you during your lifetime.
A will takes effect only after death. These documents protect you while you are living but unable to handle your own affairs, such as after a fall, a stroke, or a serious illness. Prepared properly, they can spare your family from a court-supervised guardianship.
- Flat fee
- Quoted in writing after your consultation
- Often signed
- In a single meeting, with the required witnesses and a notary
- First step
- A 15-minute call or in-person consultation
What makes Florida law different.
Florida has several rules that differ from those in other states. These are the ones that most often affect families in Venice, throughout Sarasota County, and in communities across Florida.
Florida's power of attorney law
Florida rewrote its power of attorney law in 2011. Certain powers, such as making gifts, changing beneficiary designations, or creating a trust, must be separately initialed or signed to be valid. Generic online forms often miss this requirement.
Effective when signed
A Florida power of attorney signed after October 1, 2011, generally cannot be written to take effect only upon incapacity. It is effective as soon as it is signed, which is why choosing the right agent and the right powers is so important.
Health care surrogate designation
Florida law allows you to name a health care surrogate to make medical decisions for you. If you wish, the designation can allow your surrogate to act right away, even before you become incapacitated.
Living will
A living will states your wishes about end-of-life care and life-prolonging procedures, so your family does not have to make those decisions without your guidance.
Avoiding guardianship
Without a valid power of attorney and health care surrogate designation, a family may need to ask a court to appoint a guardian. Guardianship is public, costly, and subject to ongoing court supervision.
HIPAA authorization
Doctors and hospitals are careful about sharing medical information. A signed HIPAA authorization allows the people you name to receive the information they need to help you.
The documents, explained.
What each document does, and why it matters when your family needs to rely on it.
Durable Power of Attorney
What it doesNames an agent to manage your financial affairs, such as banking, bills, real estate, and investments, including specific powers that Florida law requires you to initial.
Why it mattersWithout one, your family may need to go to court for a guardianship to handle routine matters.
Health Care Surrogate Designation
What it doesNames the person who will make medical decisions if you are unable to make or communicate them.
Why it mattersGives the person you trust the authority to speak for you with your doctors.
Living Will
What it doesStates your wishes about end-of-life care and life-prolonging procedures.
Why it mattersSpares your family from having to guess your wishes during a difficult time.
HIPAA Authorization
What it doesAllows the people you name to receive your protected health information from doctors and hospitals.
Why it mattersWithout it, family members and agents are often unable to get the information they need.
Pre-Need Guardian Designation
What it doesNames the person you would want to serve as your guardian if a guardianship ever became necessary.
Why it mattersA safeguard that tells the court your preference if other planning is not enough.
Pre-Need Guardian for Minor Children
What it doesNames the person you would want to care for your minor children if a guardian were ever needed.
Why it mattersA safeguard that tells the court whom you have chosen.
Who this service is designed for.
Adult children helping a parent
This is one of the most common reasons families call. Valid Florida documents can be put in place before a health crisis, rather than during one.
New Florida residents
Documents signed in another state may not work as intended in Florida. They can often be updated to Florida's requirements in a single meeting.
Individuals planning on their own
If you do not have a spouse or children nearby, choosing trusted agents requires careful thought. Season helps you consider who is suited to each role.
Four steps, each explained before it begins.
A 15-minute call or in-person consultation
Season or her staff learn about your situation and confirm whether Spanski Law is the right fit.
A recommended plan and a written fee
Season recommends a plan suited to your family and Florida law, and Spanski Law quotes a flat fee in writing before any work begins.
Drafting and signing
Your documents are drafted, reviewed with you page by page at the signing meeting, and signed at the office with the required witnesses and a notary.
Funding and coordination
Deeds, beneficiary designations, and account titles are coordinated with your plan, so each one works with the rest of your plan.
Flat fees are quoted in writing before any work begins.
After your consultation, Spanski Law provides a written flat-fee proposal for the work discussed, so you know the full cost before anything is drafted.
- Quoted in writing after the consultation, before any work begins.
- One flat fee for the agreed scope, with no hourly billing.
- Any change in scope is quoted the same way, in writing and in advance.
- Every document is reviewed page by page at the signing meeting, before you sign.
Begin with a complimentary 15-minute call or in-person consultation.
Season works with a paralegal who has been with her for more than ten years, and she stays closely involved in every case. Whoever you speak with first will listen, explain the options that apply to your situation, and, if Spanski Law is not the right fit, suggest where to turn.
- ✓ You will speak with an attorney or paralegal, not an intake screener.
- ✓ Flat fees, quoted in writing before any work begins.
- ✓ Guidance grounded in Florida homestead law and Florida probate practice.
Request a consultation
Season or her staff will respond to arrange a time.
- What you need
- A few questions
- How to reach you
What happens if I do not have these documents?
If you become unable to manage your affairs, your family may need to ask a court to appoint a guardian. Guardianship is a public court process that can take months, cost thousands of dollars, and require ongoing court supervision. A properly signed power of attorney and health care surrogate designation are designed to make that unnecessary.
Are online power of attorney forms enough?
Often they are not. Florida requires certain powers to be separately initialed or signed, and generic forms frequently omit them or fail to meet Florida's signing requirements.
What is the difference between a health care surrogate and a living will?
A health care surrogate designation names the person who makes medical decisions for you. A living will states your own wishes about end-of-life care. The two documents work together.
Do my adult children need a HIPAA authorization?
If you want them to be able to speak with your doctors and receive your medical information, yes. A signed authorization makes it much easier for them to help you.
Can my agent manage my retirement accounts and Social Security?
Retirement accounts can generally be managed under a properly drafted power of attorney, although some institutions also require their own forms. Social Security is different: the Social Security Administration does not accept powers of attorney for managing benefits and instead appoints a representative payee.
When does a durable power of attorney take effect?
As soon as it is signed. Florida generally does not allow a power of attorney signed after October 1, 2011, to take effect only upon incapacity, so choosing a trustworthy agent is especially important. Documents from other states that take effect only upon incapacity are one reason new residents update their documents in Florida.
Can I change or revoke these documents later?
Yes. As long as you have capacity, you can revoke or replace any of these documents at any time. A review every few years, or after a major life event, is recommended.
Planning checklist
The Florida Estate Planning Checklist
A one-page checklist of Florida-specific items to review in an estate plan: homestead, trust funding, the power of attorney authorities you must initial, and beneficiary designations.
- Florida homestead protection
- Florida will-signing formalities
- Lady Bird deed vs. traditional deed
- Durable power of attorney: the powers you must initial
- Health care surrogate & living will basics
- HIPAA authorization for adult children
- Personal representative residency rules
- Beneficiary designation review
- Digital assets planning starter list
- Blended-family elective share considerations
- Storage, and where your family will find it
- When to review the plan (life-event triggers)