Protect What Matters Most—Even When You are Just Getting Started

When most people hear “estate planning,” they think of retirees or seniors. But the truth is, young couples, especially those with children, have just as much to gain from putting a plan in place. Whether you have just gotten married, recently started a family, or are simply beginning your life together, estate planning is one of the most responsible and loving steps you can take.

Despite its importance, fewer than one-third of Floridians with young children have a Last Will and Testament, and even fewer have a complete estate plan. At Caserta & Spiriti, we believe that understanding what estate planning can do is the first step toward peace of mind and long-term protection.

Why Young Couples Often Delay Estate Planning

It is understandable that young couples might postpone making an estate plan. Common reasons include:

• Feeling “too young” or healthy
• Believing they do not have enough assets
• Not yet having children
• Finding the topic unpleasant or uncomfortable.

While those reasons are common, they overlook an essential truth: Life is unpredictable. Serious illness or an accident can happen at any age, and planning today can help avoid legal complications and emotional stress for your spouse or children later.

What an Estate Plan Can Do for Young Couples

A comprehensive estate plan is not just about what happens when you die, it is about protecting your loved ones and making important decisions before a crisis occurs. Key benefits include:

• Naming Guardians for your children
• Ensuring your assets go to the right people
• Avoiding probate delays and court involvement
• Reducing family conflict and uncertainty
• Giving someone you trust legal authority to manage your medical or financial affairs if you are incapacitated.

Core Documents in a Florida Estate Plan for Young Couples

A basic but effective estate plan typically includes the following:

1. Last Will and Testament

This document:

• States who inherits your assets
• Names a Personal Representative (Executor) to handle your estate
• Appoints a Guardian for minor children
• Can include a Minor’s Trust to manage your children’s inheritance.

If you die without a Last Will in Florida, state law, not your personal wishes, will determine who inherits your assets. That process can be slow, impersonal, and expensive.

2. Durable Power of Attorney (Financial)

This document allows you to appoint someone to manage your finances if you become unable to do so. That person (your “Agent”) can:

• Pay your bills
• Access bank accounts
• Handle insurance or property matters
• Deal with taxes and investments.

Without this document, your spouse may have to go to court to be granted the authority to act thereby delaying urgent decisions.

3. Designation of Health Care Surrogate (Medical Power of Attorney)

This document names the person you trust to make medical decisions for you if you cannot communicate. Without it, loved ones may struggle to access medical information or make choices during a medical crisis.

4. Living Will (Advance Directive)

This document outlines the type of medical care you want, or do not want, if you are in a terminal condition or permanently unconscious. It can address:

• Life support
• Feeding tubes
• Pain management
• End-of-life wishes.

These decisions protect your dignity and reduce stress on your family during difficult times, helping avoid tragic cases like those of Terri Schiavo or Nancy Cruzan.

5. Preneed Declaration of Guardian

If you become incapacitated without naming a legal Guardian for your children, the court will appoint one. This declaration lets you choose in advance who will care for your child, someone who shares your values and whom you trust.

What Happens If You Do Not Have a Last Will?

If you die without a Last Will in Florida:

• The court appoints a Personal Representative (Executor) to administer your estate
• After paying debts, taxes, and funeral costs, assets are distributed according to state law
• Your children’s inheritance may be placed under court-supervised guardianship
• Unmarried partners receive nothing automatically without legal documents
• A judge, not you, chooses a Guardian for your children.

This default system often fails to reflect your actual wishes or family situation, and that’s exactly what estate planning helps avoid.

Key People to Appoint in Your Plan

• Guardian: Cares for your minor children if both parents pass away
• Personal Representative: Wraps up your estate and handles legal/financial duties
• Trustee: Manages assets in a trust for your children’s benefit
• Agents: Act on your behalf under financial and medical powers of attorney.

Choosing the right people, who are responsible, capable, and trustworthy, is one of the most important parts of your plan.

What About a Trust?

If you have young children, a Testamentary Trust (a trust created under your Last Will) can protect their inheritance until they are old enough to manage money wisely. A Trustee will:

• Invest and manage the funds
• Use them for education, health, and support
• Distribute them according to the rules you set.

Trusts can help avoid court oversight and ensure your children’s needs are met long-term.

Estate Planning Is Affordable, Quick—and Reassuring

For most young couples, the process is:

• Simple: Your attorney helps guide you every step of the way
• Affordable: Many employer-sponsored legal plans or legal insurance cover the cost
• Flexible: Your estate plan can be updated as life evolves, such as marriage, children, career growth, or homeownership.

Once completed, you will have peace of mind knowing your family is protected—now and into the future.

Start Early—Plan Smart

You do not have to be wealthy, elderly, or facing a crisis to plan wisely. In fact, starting young makes it easier to:

• Make calm, thoughtful decisions
• Protect your loved ones from the unexpected
• Set a solid foundation for your family’s future.

There is a reason many of our older clients have estate plans, because they know how important it is. If you are a young couple or a new parent, now is the right time to take this step for the people you love.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

Talk to a Florida Estate Planning Attorney

At CASERTA & SPIRITI in Miami Lakes, our experienced attorneys provide estate planning services tailored to your needs, values, and life stage. From simple Last Wills to more advanced Trust planning, we make the process understandable and stress-free.

Call us today to schedule your estate planning consultation and take the first step toward peace of mind.

Florida law continues to provide little to no legal rights for unmarried but committed couples. Unlike married spouses, unmarried partners are not automatically granted inheritance rights, medical decision-making authority, or legal protections upon a partner’s incapacity or death. This legal gap makes comprehensive estate planning essential for committed couples who are not legally married.

Without a properly executed estate plan, a surviving partner may be left with no rights to shared property, decision-making authority, or access to benefits. Florida does not recognize common law marriage, and under Florida’s intestacy statutes, only legally recognized spouses and blood relatives are considered heirs.

With proper planning, unmarried couples can establish legal rights, protect one another’s interests, and ensure that their wishes are respected.

Florida Statutes, including Chapters 732 (Intestate Succession), 765 (Advance Directives), and 744 (Guardianship), do not recognize or protect unmarried partners unless they are specifically designated in legal documents. A surviving unmarried partner may be excluded from:

• Inheriting property without a Will or Trust
• Making medical decisions without a Health Care Surrogate designation
• Managing finances without a Durable Power of Attorney
• Remaining in a shared home or accessing shared assets not held in joint title

To avoid these risks, unmarried partners should take proactive legal steps.

Recommended Estate Planning Documents for Unmarried Couples

1. Last Will and Testament
   • Directs how property is to be distributed.
   • Names your partner as a beneficiary and personal representative (executor), if desired.
2. Revocable Living Trust
   • Allows more control over asset distribution and avoids probate.
   • Can provide for your partner both during life and after death.
3. Durable Power of Attorney
   • Grants your partner the ability to manage your finances, real estate, and legal matters.
4. Designation of Health Care Surrogate & HIPAA Authorization
   • Legally names your partner to make health care decisions and access medical information.
5. Living Will
   • States your wishes regarding life-sustaining treatment and end-of-life care.
6. Pre- or Post-Relationship Property Agreement
   • Clarifies ownership, contributions, and division of property.
   • Helps avoid disputes or confusion, especially in blended families.
7. Beneficiary Designations
   • Review and update life insurance, retirement accounts, and payable-on-death (POD) or transfer-on-death (TOD) designations.

Additional Legal Considerations

• Joint Ownership with Rights of Survivorship
  • Real estate, vehicles, and bank accounts titled jointly can pass directly to the surviving partner without probate.
• Domestic Partnership Registries
  • Some Florida counties (e.g., Miami-Dade, Broward, Palm Beach) allow registration, which may help access hospital visitation and local benefits.
• Differences in Tax Treatment
  • Unmarried couples are not entitled to spousal exemptions under federal gift and estate tax laws. Planning should address these tax implications.
• Multiple Residences and Domicile Issues
  • Couples with properties in multiple states may face complex questions about governing law and domicile. Legal planning should address which state’s laws apply.
• Employee and Insurance Benefits
  • Review employer policies regarding domestic partner benefits. County forms or Domestic Partnership Agreements may help establish eligibility.
• Adult Adoption (In Rare Cases)
  • In limited situations, adult adoption has been used to create legal family status, but this approach is controversial and may not be suitable for most couples.

The “Wild West” of Estate Planning for Unmarried Couples

With no default legal protections, estate planning for unmarried couples requires careful customization. As one legal commentator noted, it is a “tabula rasa” where the law provides no safety net but also few limitations. That makes good planning both critical and empowering. The foregoing is a paraphrased legal principle attributed to thought leaders like L. Paul Hood, Jr., J.D., LL.M., a nationally recognized estate planning expert.

Unmarried partners must be proactive in creating the legal structure to:

• Control asset distribution
• Avoid probate
• Secure health care and financial authority
• Minimize taxation
• Protect each other’s future

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

Need Help? Contact Us Today

If you or someone you know is in a committed relationship and wants to ensure they are protected under Florida law, contact CASERTA & SPIRITI in Miami Lakes, Florida. Our experienced attorneys can assist you with customized estate plans tailored for unmarried couples, whether part-time or full-time residents of Florida.

We are here to help secure your relationship, assets, and peace of mind for the future.

A Power of Attorney (POA) is a critical legal tool that allows one person (the agent or attorney-in-fact) to act on behalf of another (the principal) in a range of legal, financial, or health care matters. In Florida, POAs are governed by Chapter 709 of the Florida Statutes, with major revisions enacted in 2011 to create greater clarity, consistency, and legal enforceability.

However, despite Florida law permitting broad delegation of authority, the effectiveness of a POA may be limited when dealing with certain state agencies or financial institutions. Some agencies may impose additional conditions, require specific forms, or even reject a POA altogether depending on their internal protocols.

1. Florida State Agencies and Powers of Attorney

Most Florida state agencies will recognize a properly executed Florida POA but may impose additional documentation or authorization requirements before acting upon it. These may include:

• A certified copy or original of the POA document.
• Specific language in the POA authorizing the relevant action (e.g., applying for benefits, transferring property, managing accounts).
• Notarization and two witnesses, as required by Florida law.
• Use of agency-specific forms, particularly in Medicaid applications through the Florida Department of Children and Families (DCF).

Example: Florida Department of Children and Families (DCF)
While DCF may accept a POA to apply for Medicaid long-term care benefits, the following conditions usually apply:

• The POA must explicitly authorize the agent to apply for government benefits or conduct Medicaid planning.
• The agent may be required to complete and submit DCF-specific forms (e.g., Form CF-ES 2505).
• If DCF suspects fraud or exploitation, they may reject the POA and request court oversight.

2. Medicaid & Long-Term Care Planning in Florida

A POA is often essential when applying for Florida Medicaid benefits for long-term care, but not all POAs are created equal.

Under Fla. Stat. § 709.2202, certain powers must be expressly granted for the POA to be valid for Medicaid planning:

• The authority to create, amend, or revoke trusts.
• The authority to make gifts or asset transfers.
• The authority to change beneficiary designations.
• The authority to apply for public benefits.

These are often referred to as “superpowers,” and a generic POA lacking this language is likely to be rejected for Medicaid planning purposes—even if durable and otherwise valid.

3. Financial Institutions & Resistance to Powers of Attorney

Despite state law, banks, brokerages, and insurance companies may resist honoring POAs. This resistance often stems from concerns about fraud, outdated documents, or unclear language.

Florida law addresses this under Fla. Stat. § 709.2120, which provides that:

• Financial institutions can be compelled by a court to accept a valid POA.
• Institutions may be held liable for unreasonable refusal to honor a properly executed POA.

Still, delays and rejections can happen. To minimize issues:

• Use a recently executed POA.
• Include clear and specific authority for financial actions.
• Present original or certified copies with valid ID &/or Supporting Affidavit.
• Keep the language comprehensive and up to date.

To be clear, if necessary- When we say, “Present original or certified copies with valid ID,” it means:

• Original or certified copy of the POA: Bring either the original signed Power of Attorney document or a certified copy issued by the attorney or notary public. A certified copy is one that is officially verified as a true and accurate copy of the original.
• Valid ID: The agent (person using the POA) should bring a government-issued photo ID (like a driver’s license or passport) to prove their identity when presenting the POA to a bank, agency, or institution.

This combination helps the institution confirm that both the document is legitimate and the person presenting it is authorized to act on the principal’s behalf.

Supporting Affidavit, an Affidavit in support of a Power of Attorney (POA) that complies with Florida law, particularly Fla. Stat. § 709.2119 can also be a very useful tool to help avoid delays, rejections, or misunderstandings, particularly with financial institutions, government agencies, or third parties who may be cautious or reluctant to honor the POA.

4. Durable Power of Attorney vs. Guardianship

A well-drafted Durable Power of Attorney is a key safeguard against the need for court-ordered guardianship. If a person becomes incapacitated and lacks a valid POA, or if their POA is too narrow or not accepted, families may be forced to petition the court for guardianship, a costly and intrusive legal process.

Key Takeaways

• A Florida POA must comply with Fla. Stat. § 709.2101 et seq. and be specific in the authority it grants.
• Medicaid and long-term care planning require POAs with explicit “superpowers” under Florida law.
• State agencies may impose form or documentation requirements, and federal agencies (like SSA or VA) may not accept POAs at all.
• Financial institutions may resist POAs unless they are recent, specific, and properly certified.
• A strong POA can prevent the need for guardianship if executed properly and timely.

Need Help with Your Power of Attorney?

Navigating Florida POA laws and ensuring your documents are accepted by banks, DCF, or other institutions can be complicated. Experienced attorneys, including those at Caserta & Spiriti, can help individuals and families draft comprehensive, legally sound Powers of Attorney and other estate planning documents that hold up under real-world scrutiny.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

Whether a Florida resident is preparing for Medicaid, managing finances for a loved one, or planning for future incapacity, CASERTA & SPIRITI in Miami Lakes, Florida is here to guide them and secure their peace of mind.