Attorney Sean R. H. Smith led a practical, audience-driven workshop on estate planning that focused on five core documents and options residents often overlook.

Smith said three documents primarily help while a person is alive — a general power of attorney, a durable power of attorney (DPOA), and a health-care surrogate — while two documents typically take effect at death, a last will and testament and a revocable living trust (which can avoid probate). He explained that Florida does not recognize a "springing" durable power of attorney (an agent who only gains authority upon incapacity) in the same way some other states do, and recommended clients choose agents they trust and use careful limits or trusts where appropriate.

Smith described how incapacity is determined in practice: an attorney performs a capacity assessment and, if disputed, families may petition the court for a guardianship evaluation conducted by an examining committee. He emphasized the fiduciary duty an agent owes and the options a principal has if an agent abuses authority, including revocation, bank reconciliation and potential civil or criminal remedies.

The session covered practical tools to avoid probate: beneficiary designations on financial accounts, Lady Bird deeds for real property, and revocable living trusts. Smith cautioned that a pour-over will can still require probate for assets omitted from a trust and urged attendees to inventory assets and consider initialing or limiting authorities in a DPOA if they need narrow control.

He closed by offering follow-up consultations and stressing a practical takeaway: "When we know better, we will do better." The session included extensive audience Q&A and real-world examples of revocations, guardianship, and trustee duties.

Provenance: Attorney Sean R. H. Smith session at the Orange County Community Conference (topic start SEG 925; topic finish SEG 2476).