Estate planning is not just for the wealthy or the elderly. Imagine a 34-year-old Palm Beach professional named Jordan, healthy, single, no kids. Jordan assumed there was nothing to plan. Then a car accident left Jordan in the hospital, unable to speak, with no documents naming anyone to make decisions. The family spent weeks in court. Here are the five documents that would have spared them, and that every Florida adult should have.
1. A Last Will and Testament
Your will directs who receives your property and, if you have minor children, who you nominate as their guardian. Florida has strict formalities under Section 732.502: the will must be signed by you and witnessed by two people, all present together. Skip a formality and the document can fail. Without a valid will, Florida’s intestacy statutes decide who inherits, and that order may not match your wishes, especially for unmarried partners, who receive nothing under intestacy.
2. A Durable Power of Attorney
This is the document Jordan needed most. A durable power of attorney lets a trusted agent manage your finances, pay bills, and handle accounts if you cannot. Florida’s law (Chapter 709) is exacting: the document must be signed before a notary and two witnesses, and powers must be specifically enumerated rather than assumed. A Florida durable power of attorney is effective immediately when signed, so choose your agent carefully. Without one, your family must petition a Palm Beach court for guardianship, a slow and public process.
3. A Designation of Health Care Surrogate
This names the person who makes medical decisions for you when you cannot. It lets your surrogate speak with doctors and access records under HIPAA. For Jordan, this single page would have given a parent or sibling immediate authority to direct care.
4. A Living Will
A living will states your wishes about life-prolonging procedures if you face a terminal condition, end-stage condition, or persistent vegetative state. It takes the weight of an impossible decision off your loved ones by putting your own choice in writing. Florida recognizes these directives and provides a statutory framework for them.
5. A Revocable Living Trust (For Many)
A revocable trust under Chapter 736 is not strictly required, but it benefits many Palm Beach residents. Assets titled in the trust avoid probate, stay private, and can be managed for you if you become incapacitated. Snowbirds with out-of-state property and families with minor children find trusts especially useful. You keep full control while you are alive and can change it anytime.
What Florida’s Homestead Rule Adds
If you own your Palm Beach home, remember that Florida’s homestead protection (Article X, Section 4) limits how the property can be left if you have a spouse or minor child. Your documents should account for this so your home passes the way you intend.
A Note Before You Sign
These documents only work if they meet Florida’s specific signing and witnessing requirements. A form that is close but not compliant can be worthless when it matters. Before you rely on a download, consult a licensed Florida estate planning attorney serving Palm Beach to ensure each document is valid and tailored to your situation.
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For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles .
