If you die in Florida without a will, the State of Florida will in essence, make out a will for you.

Generally speaking, the laws of the State of Florida are very general and practically never could carry out your precise intentions or desires without your planning your own will.

In Florida, the common law right of bodily self-determination has long been recognized.  Justice Cardozo once said, “Every human being of adult years and sound mind has a right to determine what to do with his body.”

Some states hold that decisions to terminate life support systems must be submitted to the court for its determination of what is best for the patient.

A Durable Power of Attorney should be a part of every Florida resident’s estate plan. It authorizes someone (the “agent”) to manage the financial affairs of another (the “principal”). The Durable Power of Attorney may also impact on Florida Medicaid planning, as an agent may need certain powers in order to help the principal achieve eligibility for Medicaid long-term care benefits.