Attorney Sean Smith told workshop participants that basic estate planning starts with five documents: a durable power of attorney for financial matters, a health-care surrogate for medical decisions, a living will to record end-of-life preferences, a last will and testament for posthumous asset distribution, and a revocable living trust to avoid probate.

Smith emphasized that Florida law does not recognize a "springing" durable power of attorney that only takes effect upon incapacity; instead, attorneys typically create a durable power that functions immediately and include carefully considered limits. He described the legal safeguards if an agent misuses authority: revocation, discussions with financial institutions, and, if necessary, criminal or civil remedies.

On health-care decisions, Smith distinguished a health-care surrogate (who can make medical decisions if the patient lacks capacity) from a living will (which spells out a patient’s end-of-life preferences). He said advanced-directive materials are commonly requested by local hospitals and health systems.

To avoid probate, Smith recommended revocable living trusts for a broad transfer of assets, beneficiary designations on financial accounts, and Lady Bird deeds for real property transfers in Florida. "If you have your assets in a revocable living trust, they will avoid probate," he said, adding that trusts allow tailored conditions for generational transfers and oversight by successor trustees.

Smith closed by inviting attendees to follow up and gave an assistance line and office contact for more information: (407) 836-7699.