Living with your same-sex partner, spouse or significant other? Time to dust off your estate planning documents (you don’t have any??) and plan anew. Many people download their own Wills, Powers of Attorney and Advance Directives from websites or form books. While these documents may often suffice, there is the danger that they have not been executed (signed) pursuant to Florida law.
The Florida Probate Code as well as the Power of Attorney Act dictate specific guidelines that must be used when signing legal documents. If you do not have a Last Will and Testament that is signed in accordance with the Probate Code, your Will may not be admitted to Probate Court as a valid Will. In the scenario of a same-sex couple this can be critical.
It is worth your time to contact an Estate Planning Attorney to review the documents you currently have. You may have documents that are valid according to Florida law… but if you don’t, better to find out now then when it is too late!
If you don’t have any documents currently in place that will protect your relationship with your same-sex partner, it is time to make that call which should not be put off any further. As you know your relationship is currently not protected in the State of Florida.
The only way to leave your estate to your partner is to execute a valid Last Will and Testament. The only way to give your partner authority to act as your agent in banking, real estate, financial and other business affairs is to have a Durable Power of Attorney; the only way your partner will have the authority to make medical decisions for you in case you are incapacitated is to have a Designation of Health Care Surrogate.
Make the smart move for you, your family, and your spouse or partner, contact Estate Planning Attorney, Patricia H. Davis, at 904.614-3670 or at firstname.lastname@example.org to schedule a consult today.