A will, a durable power of attorney, a health care surrogate, and a living will. Together they decide who manages your money, who makes your medical choices, and who inherits your property — while you still have the power to choose. Without them, Florida law and the courts decide for you.
In writing, signed at the end, in the presence of two attesting witnesses who also sign in the presence of the testator and of each other.
Part of the Florida Power of Attorney Act (Ch. 709). Must be signed by the principal, two witnesses, and acknowledged before a notary.
Signed before two adult witnesses. The surrogate may not be a witness, and at least one witness cannot be a spouse or blood relative.
Signed before two witnesses, one of whom is neither a spouse nor a blood relative. States your wishes on life-prolonging procedures.
Estate planning isn’t only about what happens after you die. Three of these four documents do their most important work while you are still alive — during the weeks or months when an accident, a stroke, or advancing illness leaves you unable to sign a check, talk to a doctor, or say what care you want. The will handles what comes after; the other three handle the gap in between.
The cost of skipping them is not theoretical. If you die without a will, Florida’s intestate-succession rules — not your wishes — control who receives your property, and a judge decides who raises minor children. If you become incapacitated without a durable power of attorney or a health care surrogate, no one automatically has authority to act for you. “I’m the spouse” or “I’m the parent” is not enough; a relative often has to open a guardianship case, which is public, costly, and slow. These four documents take that authority back and put it where you want it.
Your will names who inherits your property, appoints the personal representative who settles your estate, and — critically for parents — nominates a guardian for minor children. Without a will, the state’s default formula applies regardless of your relationships or intentions.
A durable power of attorney lets a person you choose — your “agent” — pay your bills, manage accounts, and handle property and legal matters. “Durable” means the authority continues even after you lose capacity, which is exactly when it’s needed. A well-drafted one is often what keeps a family out of guardianship court.
This document names the person who can talk to your doctors and make medical decisions for you if you can’t make them yourself. It covers the full range of health care choices — not just end-of-life care — and can include access to your medical records. You may also name an alternate in case your first choice is unavailable.
A living will is your written instruction about whether to provide, withhold, or withdraw life-prolonging procedures if you ever have a terminal condition, an end-stage condition, or are in a persistent vegetative state. It speaks for you when you cannot, and it relieves your family of having to guess what you would have wanted in an impossible moment.
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A will alone leaves the “living” gap unprotected. A will says nothing about who manages your money or makes your medical decisions if you are alive but incapacitated — that is exactly what the durable power of attorney and the health care surrogate are for, and the living will adds your own voice on end-of-life care. Most Florida adults benefit from having all four because each one covers a situation the others don’t.
No. A durable power of attorney (Ch. 709) deals with finances, property, and legal matters. A health care surrogate (§ 765.202) deals with medical decisions. They are governed by different statutes with different signing rules, and Florida generally expects medical decision-making to run through the surrogate designation rather than a financial power of attorney.
You can have two witnesses, but at least one of them must be neither your spouse nor a blood relative (§ 765.202; § 765.302). For the surrogate designation specifically, the person you name as surrogate also cannot serve as a witness. The safest approach is to use two disinterested adult witnesses.
Notarization is not required for the will to be valid — two witnesses are. But a notarized “self-proving affidavit” under § 732.503 lets the will be admitted to probate without locating your witnesses later, which is why it’s almost always recommended. A durable power of attorney is different: there, the notary is mandatory.
Sometimes, but it’s risky to assume so. Out-of-state documents that were validly executed elsewhere may be honored in Florida, yet banks, hospitals, and title companies frequently balk at forms that don’t match Florida’s execution rules and required language. Many people who relocate re-sign Florida-specific versions to avoid a fight at the worst possible moment. See our guide to getting your documents in order after relocating to Florida.
If you die without a will, Florida’s intestate-succession statute decides who inherits and a judge decides who raises minor children. If you become incapacitated without a durable power of attorney or surrogate, your family typically has to ask a court to appoint a guardian — a public, time-consuming, and expensive process. Signing these documents now is what keeps those decisions in your hands instead of a courtroom’s.
This article provides general information about Florida law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. JusticeXpress Florida is a legal document preparation service, not a law firm, and cannot advise you on which documents or options are right for your situation or select forms for you. For advice specific to your circumstances — or for blended families, sizable or complex estates, business interests, or special-needs planning — consult a Florida-licensed attorney. Statutory references current as of 2026.