When it comes to end-of-life planning, one of the most important decisions you will make is creating a Living Will. In Florida, this document allows you to outline your medical preferences if you are unable to speak for yourself. Not all Living Wills are the same, however, and the best option depends on your values and how much control you want over your medical care.

Below, there is a breakdown of the three main types of Living Wills in Florida, explaining how they work, and answering frequent questions about what these documents actually do and do not allow.

The Three Types of Living Wills in Florida

1. Florida Statutory Living Will (Standard Form)

Pros:

• Simple and meets all legal requirements under Florida Statutes Chapter 765.
• Recognized and accepted by all medical facilities in Florida.
• Covers the core questions about life-prolonging treatments.

Cons:

• Uses generic language that may not reflect your personal values.
• Offers limited flexibility if you want to address specific situations.

2. Customized Living Will

Pros:

• Allows you to give detailed instructions for specific treatments, such as artificial nutrition, hydration, pain management, and organ donation.
• Reduces confusion by avoiding vague terms.
• Offers a balance between flexibility and legal enforceability.

Cons:

• Requires careful drafting, ideally with the help of an attorney.
• May take longer for medical providers to review if unfamiliar.

3. Living Will that Prolongs Life

Pros:

• Ensures that doctors use all available measures to keep you alive.
• Appeals to those with strong religious, personal, or cultural beliefs about preserving life at all costs.

Cons:

• May extend life even in cases of suffering or no chance of recovery.
• Can increase medical costs and place emotional strain on loved ones.

Which Living Will Is Right for You?

• Prefer simplicity and universal recognition? → Florida Statutory Living Will
• Want detailed control? → Customized Living Will
• Want all possible medical intervention? → Life-Prolonging Living Will

For most Floridians, a customized Living Will provides the best balance—allowing you to state your wishes clearly while ensuring your healthcare providers and family know exactly what you want.

Common Misconception: Does a Florida Living Will Allow Doctors to End Life?

No. A Florida Living Will does not permit euthanasia or assisted suicide, both of which are illegal in Florida. Instead, a Living Will ensures that you decide whether certain treatments should be withheld or continued if you are:

• Incapacitated, and
• Diagnosed with a terminal condition, end-stage condition, or persistent vegetative state, and
• Two physicians may certify this diagnosis in writing.

Key Takeaways:

• Doctors cannot “kill you.” They can only follow your documented wishes.
• Your Living Will applies only in very limited circumstances under Florida Statutes § 765.304.
• Decisions about withdrawing life-prolonging treatment may require two physicians’ confirmation, i.e., the statute, as written, does not mandate a second physician’s review or signature to confirm the patient’s conditions or wishes before implementing a living will; however, a second physician’s opinion might become relevant in cases of disagreement under Florida Statutes § 765.105, which deals with disputed decisions.

Florida Requirements for a Valid Living Will

To be legally valid, a Florida Living Will must:

• Be signed by you.
• Be witnessed by two people, one of whom is not your spouse or blood relative.

Additional Planning Steps

1. Designate a Healthcare Surrogate
   Choose someone you trust to make decisions when you cannot.
2. Communicate Your Wishes
   Discuss your preferences with family and physicians to reduce conflict.
3. Provide Copies
   Share your Living Will with your surrogate, doctor, and close family.
4. Consider a DNRO (Do Not Resuscitate Order)
   If you do not want CPR, you need a DNRO signed by a doctor and printed on yellow paper (required in Florida).
5. Review and Update
   Revisit your Living Will regularly, especially after health changes.

Final Thought

A Florida Living Will is not about surrendering control, it is about exercising control. By documenting your wishes clearly, you ensure that your medical care reflects your values, relieves your family from guessing, and helps doctors honor your choices.

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

If you are creating or updating your estate plan in Florida, consider including a Living Will. The law firm of CASERTA & SPIRITI in Miami Lakes can help you draft one that complements your legal documents while reflecting your unique voice, perspective, and values.

Estate planning in Florida is not just about drafting Last Wills & Testaments, Trusts, and Powers of Attorney. It is also about making sure your loved ones and fiduciaries understand your intentions, values, and wishes when administering your plan. One often overlooked but extremely valuable tool is the Letter of Intent (LOI), sometimes called a Letter of Wishes.

Unlike a Last Will or Trust, a Letter of Intent is not legally binding in Florida. However, it plays a critical role in guiding your family, Personal Representative, or Trustee when your legal documents alone may not provide enough clarity.

Why Use a Letter of Intent in Florida Estate Planning?

1. Clarifying Intentions

A Florida Will or Trust is legally enforceable, but it often lacks context. An LOI lets you explain why you made certain choices. This can reduce confusion, minimize the risk of family disputes, and ensure your decisions are carried out in the spirit you intended.

2. Distribution of Personal Property

While Florida law allows you to reference a separate written list for tangible personal property (under Fla. Stat. § 732.515), many people also use an LOI to express who should receive sentimental items—jewelry, heirlooms, artwork, letters, or keepsakes. Because these items often hold deep emotional value, written guidance helps avoid disagreements.

3. Guidance for Trustees: Letters of Wishes

In the day-to-day administration of a Trust, a Florida Trustee must give maximum effect to the settlor’s intent. But sometimes a Trust instrument cannot anticipate every situation. A Letter of Wishes provides Trustees with insight into your values, priorities, and expectations for how beneficiaries should be supported.

For example, you may express that funds will be used primarily for education, business startups, or healthcare, while discouraging wasteful spending. Though non-binding, Trustees often give significant weight to such guidance, and courts recognize these letters as important interpretive tools.

4. Special Instructions

LOIs can include instructions about:

• Pet care and funding for a caretaker.
• Family traditions or religious practices you hope continue.
• Maintenance of family property, such as a vacation home.

These kinds of directions, while informal, often mean the most to your loved ones.

5. Funeral and Memorial Wishes

Florida law allows your designated Preneed Guardian or Personal Representative to handle final arrangements. However, your LOI can lighten the burden on grieving loved ones by specifying preferences for burial, cremation, or memorial services.

6. Digital Assets and Passwords

Florida has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), giving fiduciaries limited authority to manage online accounts. An LOI can make this easier by listing your digital assets, usernames, and access instructions, ensuring nothing important is overlooked.

7. Financial Information and Family History

An LOI may include:

• A master list of bank accounts, insurance policies, and debts.
• Contact information for advisors, accountants, and attorneys.
• A family history or legacy message for future generations.

8. Personal Messages

One of the most meaningful aspects of an LOI is the opportunity to leave personal letters or blessings for family members. These words, while not legally operative, often become the most treasured part of your estate plan.

Best Practices for Florida Letters of Intent or Wishes

• Keep it separate from your Last Will or Trust so it can be updated without formal legal procedures.
• Date and sign it for clarity, even though it is not legally binding.
• Avoid language suggesting legal control over Trust assets, which could risk tax complications under IRC §2036.
• Review regularly as your family circumstances, relationships, or wishes evolve.
• Coordinate with your attorney to ensure it complements, not conflicts with, your binding estate documents.

Limitations Under Florida Law

• Not enforceable: Courts and fiduciaries cannot be compelled to follow an LOI.
• Risk of conflict: If instructions contradict your Last Will or Trust, the formal legal document controls.
• Privacy concerns: Sensitive details (like passwords) should be stored securely, not attached directly to your Last Will (which becomes public record in a Florida probate).

Conclusion: A Human Touch in Florida Estate Planning

A Last Will or Trust ensures your estate is administered legally. A Letter of Intent ensures it is administered personally and thoughtfully. Whether it is providing context for your decisions, easing family burdens, or guiding Trustees with your values, an LOI can be one of the most compassionate documents in your Florida estate plan.

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

If you are creating or updating your estate plan in Florida, consider including a Letter of Intent or Wishes. The law firm of CASERTA & SPIRITI in Miami Lakes can help you draft one that complements your legal documents while reflecting your unique voice and values.

Estate planning for families with special needs dependents is both a legal and personal journey. In Florida, the process requires careful planning to ensure your loved one’s lifetime care, financial stability, and continued eligibility for critical government benefits.

Without proper planning, well-intentioned financial gifts or inheritances could unintentionally disqualify your loved one from means-tested programs such as Medicaid or Supplemental Security Income (SSI). By understanding the unique challenges and using the right legal tools, you can create a plan that provides for their needs without jeopardizing their future.

Unique Challenges for Florida Families

Families with special needs dependents often face circumstances that require specialized planning, including:

• Means-Tested Benefits: Medicaid and SSI have strict income and asset limits. Even small increases in assets can cause ineligibility.
• Future Care Planning: Establishing who will make legal, medical, and financial decisions if you are unable to is critical.
• Long-Term Financial Needs: Costs for therapies, medical care, and adaptive equipment often extend throughout a lifetime.

Key Florida-Specific Estate Planning Tools

1. Special Needs Trusts (SNTs)

   An SNT allows you to set aside assets for your loved one’s benefit without disqualifying them from public benefits. Florida recognizes two primary types:

   • Third-Party SNT: Funded by parents, relatives, or others—either during life or through a last will or living trust.
   • First-Party SNT: Funded with the dependent’s own assets (for example, from a personal injury settlement). Florida law requires court approval for these trusts in certain cases.
2. Guardianship & Alternatives

   Florida law allows for plenary (full) or limited guardianship when an adult with special needs cannot make certain decisions independently. Planning ahead allows you to designate a trusted guardian through your last will or pre-need guardian declaration.

3. ABLE Accounts

   Florida’s ABLE United program offers tax-advantaged savings accounts for individuals with disabilities. Funds can be used for qualified expenses without affecting SSI or Medicaid eligibility (up to program limits).

4. Last Wills & Living Trusts

   Your last will or living trust should coordinate with your Special Needs Trust to ensure assets flow into it rather than directly to your loved one. This avoids disqualification from benefits.

5. Letter of Intent (LOI)

   While not legally binding, an LOI provides detailed instructions for future caregivers—covering routines, medical needs, likes/dislikes, and personal history. This personal guidance can be invaluable.

Additional Considerations for Florida Families

• Funding Your Plan: Consider life insurance, retirement accounts, and other assets to fund the trust.
• Regular Reviews: Florida laws and benefit programs change, so review your plan every 2–3 years or after major life events.
• Emotional Factors: Address the emotional needs of both your dependent and future caregivers.
• Community Resources: Leverage Florida’s disability networks, support groups, and online resources for ongoing support.

Why Legal Guidance Matters

Florida’s statutes, guardianship rules, and public benefit regulations are complex. Working with a Florida attorney who focuses on special needs estate planning ensures your documents are legally sound and tailored to your family’s needs.

The right plan can provide peace of mind—knowing your loved one will be cared for, financially protected, and still able to access essential government programs.

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

Next Step: If you have a special needs dependent in Florida, our law firm as well as other experienced estate planning attorneys can help you design a customized, legally compliant plan that protects both their future and your peace of mind.

Call CASERTA & SPIRITI in Miami Lakes today to schedule a confidential consultation.

When it comes to planning your estate in Florida, one of the most frequent questions people ask is: “Do I need a Will, a Living Trust — or both?”

The short answer? It depends on your personal situation, goals, and the complexity of your estate.

This OVERVIEW will help a Florida resident understand the difference between these essential legal tools and when each might be right for them. However, remember: every family is different. For personalized guidance, consult a qualified Florida estate planning attorney.

What Is a Will?

A Last Will and Testament is a legal document that outlines your wishes regarding:

• Who inherits your property after you die,
• Who should serve as guardian of your minor children,
• Who should serve as the personal representative (executor) of your estate.

Without a valid Will, Florida’s intestacy laws will determine how your assets are divided, and it may not be what you intended. A Will only becomes effective after your death and must go through probate, which is the court-supervised process of administering your estate.

Think of a Will as answering the questions: Who gets what, when, and how — after I pass away?

What Is a Living Will (Advance Directive)?

A Living Will is a completely different document. It expresses your medical wishes in advance, in the event you are incapacitated and unable to speak for yourself; for example, if you are in a coma or facing a terminal condition.

In Florida, Living Wills are part of a broader set of documents called advance directives, which may include:

• Designation of Health Care Surrogate (Medical Power of Attorney).
• Living Will.
• Do Not Resuscitate Order (DNR), when applicable.

These documents ensure that your preferences are known and respected, and they help relieve your loved ones of the burden of making life-or-death decisions without guidance.

What Is a Living Trust?

A Living Trust (also called a Revocable Living Trust) is a legal arrangement where you transfer ownership of your assets to a trust during your lifetime. You typically serve as the Trustee, managing your assets as usual, with a successor Trustee named to take over upon your death or incapacity.

Unlike a Will, a properly funded Living Trust:

• Avoids probate entirely.
• Keeps your affairs private (unlike probate, which is public).
• Allows for ongoing management of assets in case of incapacity.
• Provides for detailed distribution instructions, including age-based or conditional distributions to beneficiaries.

Wills vs. Trusts: What is the Difference?

Feature	Will	Living Trust
Effective	After death	As soon as it is signed and funded
Covers all assets?	Yes, if listed	Only assets titled in the trust name
Goes through probate?	Yes	No
Private?	No – public record	Yes
Names guardians for minor children?	Yes	No
Manages incapacity?	No	Yes, through successor trustee
Tax planning opportunities?	Limited	More flexible options

When Might a Trust Be a Better Option in Florida?

While most people need a Will, not everyone needs a Trust. However, a Living Trust may be the better choice if:

• You want to avoid probate and keep your estate private.
• You own property in multiple states (which could otherwise require multiple probate cases).
• You have young children, and you want to control when and how they receive their inheritance.
• You are in a blended family, and you want to protect children from a prior relationship.
• You have a high net worth or are concerned about estate taxes.
• You or a beneficiary may become incapacitated, disabled or need asset protection.

Florida-Specific Example: How a Trust Works

Example 1:
Maria and John live in Florida and have two children under the age of 10. They have saved diligently and now have a home, life insurance, and investment accounts totaling $1.2 million. They create a Living Trust to:

• Ensure their assets go to one another first, and then to their children.
• Delay distributions to their children until ages 25 and 35.
• Allow the Trustee to make early distributions for education or emergencies.

This arrangement gives them peace of mind that their children will be financially supported but not overwhelmed by sudden wealth at a young and possibly immature age.

Example 2:
Sarah is remarried with adult children from a prior marriage. She is concerned that if she passes first, her spouse might redirect assets away from her children. Her Trust allows her to:

• Provide income to her spouse during his lifetime.
• Ensure the remaining assets are preserved for her children.
• Minimize future disputes and court involvement.

So, Do You Need a Will or a Trust?

In Florida, the answer depends on your family situation, financial picture, and estate planning goals. For many, a Will is sufficient — especially for smaller estates or straightforward wishes. Others benefit from the flexibility, privacy, and control that a Living Trust provides.

In some cases, you may need both. A comprehensive estate plan often includes:

• A Last Will and Testament-usually a Pour-Over if a Trust is involved.
• A Revocable Living Trust.
• A Living Will / Advance Directive.
• A Durable Power of Attorney.
• A Designation of Health Care Surrogate.

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

Get Peace of Mind With a Florida Estate Planning Attorney

At CASERTA & SPIRITI in Miami Lakes, we help individuals and families across Florida create tailored estate plans that reflect their values, protect their assets, and provide clarity for loved ones.

Let us help you decide whether a Will, a Living Trust, or a combination of both is right for you.

Schedule a consultation today to begin your estate planning with confidence.