If you cannot make decisions and have signed nothing, a judge decides who makes them for you, in public, at your expense, and the person appointed may not be the one you would have chosen. Wendy Williams, placed under a New York guardianship in 2022, has described the arrangement as feeling like a prison. A guardianship is what happens when nothing else is in place, and Florida courts must consider less restrictive alternatives first. A durable power of attorney and a health care surrogate designation are those alternatives.
Florida has rules that surprise people from other states. The power of attorney must be signed before two witnesses and a notary. Florida does not permit springing powers for documents signed after October 1, 2011, so the authority is effective when signed and the choice of agent has to be made with that in mind. Gifting, trust and beneficiary powers must be separately initialed or they are not granted. A health care surrogate, a living will and a HIPAA release complete the set, and a one page preneed guardian declaration names the person the court must appoint if a guardianship ever becomes necessary. A guardianship takes months. A power of attorney takes an afternoon.
The full piece is at turnipseed.law.
