In Florida, a Power of Attorney (POA) typically manages financial, medical, and other legal matters, while a Living Will is a guide to medical treatment preferences, particularly for end-of-life care. Both are key estate planning documents that allow for the appointment of an Agent to act on your behalf, but a durable POA remains effective during incapacity, while a Living Will only becomes effective when you cannot communicate your wishes.
1. Durable Power of Attorney (DPOA)
Purpose: Authorizes someone (your “Agent” or “Attorney-in-Fact”) to handle your financial and property matters if you become incapacitated or are simply unavailable.
Pros
- Allows your Agent to manage bank accounts, pay bills, file taxes, sell or manage property, handle insurance, and investments, among others.
- Becomes effective immediately upon signing (Florida no longer allows “springing” powers).
- Avoids the need for a court-appointed Guardian of property.
- Can be customized to limit or expand powers granted.
Cons / Considerations
- Must be signed and notarized with two witnesses under Florida law.
- The Agent must act in your best interest but has broad legal authority—choose carefully.
- Powers end at death; the Last Will & Testament or Trust then controls your estate.
- Some financial institutions may require recent or firm-approved DPOA language before honoring it.
2. Designation of Healthcare Surrogate
(“Healthcare Power of Attorney”)
Purpose: Names a trusted person (“Surrogate”) to make medical decisions for you if you cannot speak for yourself.
Pros
- Authorizes your Surrogate/Agent to consult with doctors, access records, and consent to or refuse treatment.
- Can take effect immediately or upon incapacity, depending on your preference.
- Ensures your medical care aligns with your wishes and relieves loved ones of difficult decisions.
Cons / Considerations
- Must be signed with two adult witnesses (notarization optional but recommended).
- Only applies to healthcare decisions & not finances or property.
- Hospitals may not recognize out-of-state forms; always use a Florida-compliant document.
3. Living Will / Advance Directive
Purpose: States your wishes about end-of-life medical treatment, such as life support, resuscitation, or artificial feeding.
Pros
- Guides doctors and family on whether to prolong life artificially if recovery is unlikely.
- Reduces confusion, family conflict, and guilt.
- Often combined with the Healthcare Surrogate form.
Cons / Considerations
- Takes effect only if you cannot communicate and are terminally ill, in an end-stage condition, or in a persistent vegetative state.
- May need periodic updates to reflect changes in medical technology or personal beliefs.
- Medical providers must be given a copy to follow your instructions.
Key Differences at a Glance
| Document | Covers | When It Applies | Who Makes Decisions | Ends When |
|---|---|---|---|---|
| Durable Power of Attorney | Financial & property matters | Immediately upon signing | Agent (Attorney-in-Fact) | Upon your death |
| Healthcare Surrogate | Medical & healthcare choices | When you cannot decide for yourself | Surrogate | Upon your death |
| Living Will / Advance Directive | Life-prolonging treatment & end-of-life choices | When terminally ill or incapacitated | Healthcare Providers (guided by your statement) | Upon your death |
Recommended Best Practice for Florida Residents
- Have all three documents to ensure full protection for financial, medical, and end-of-life matters.
- Review and update every 3–5 years or after major life events (marriage, divorce, move, diagnosis, etc.).
- Keep copies in an easily accessible place and share with your Agent(s), Surrogate(s), and primary doctor.
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 have any additional questions regarding the foregoing or have any legal issues or concerns, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.