Illness, disability, or a move to a care facility can make planning feel more difficult just when clear arrangements are especially valuable. A thoughtful approach helps the person receiving care remain at the center of the decisions, with support suited to that person’s abilities and wishes.
This article originally addressed access concerns during the early COVID-19 pandemic. Emergency restrictions from that period should not be treated as current requirements. Today, planning arrangements depend on the person’s circumstances, the facility’s current policies, and the legal requirements for the documents involved.
Support the person’s own decisions
Age, a diagnosis, or residence in a nursing facility does not by itself establish that someone lacks legal capacity. Capacity is specific to the decision and the governing legal standard. A person who needs help with daily activities may still be fully able to make estate planning choices.
Allow time for questions and, when appropriate, accommodations for hearing, vision, language, or communication needs. A private conversation with the lawyer can help establish the person’s wishes and reduce the risk of pressure from others. Family members can assist with information and logistics without directing the outcome.
Review documents for decisions during life
A durable power of attorney can authorize a trusted person to handle specified financial matters. In Florida, a newly signed power generally takes effect immediately, with limited exceptions; it does not ordinarily wait for a finding of incapacity.
A health care surrogate designation identifies someone to make authorized health decisions, and a living will can communicate preferences about life-prolonging procedures in the circumstances addressed by Florida law. An immediately effective surrogate designation does not displace the decisions of a principal who has capacity.
When an existing document is available, review it before assuming that a new one is necessary. If the person cannot execute a needed document, the available alternatives require individual analysis. We generally do not accept new guardianship matters except for existing clients. For new guardianship matters outside that scope, we can help arrange a referral to trusted colleagues.
Coordinate inheritance and practical access
A will can direct probate property, while trusts, survivorship ownership, and beneficiary designations may govern other assets. Without a valid will, Florida intestacy law directs probate property not otherwise effectively disposed of; it does not automatically control every account or asset.
Make a practical list of contacts, document locations, benefits, accounts, and care preferences. Share relevant information with the authorized people while protecting the person’s privacy.
Arrange a lawful and comfortable signing process
Consultation by Zoom can make the initial conversation more convenient. Consultation and document execution are separate steps, and the signing arrangements must satisfy the requirements for each document. Contact our office to discuss the person’s needs and any access limitations before scheduling.
Our elder law and estate planning work is intended to help families prepare with clarity, patience, and respect for the person whose future is being planned.
Sources: Florida testamentary capacity statute; Effective date of powers of attorney; Health care surrogate authority; Intestate estates.
Updated October 26, 2026.