Hurricane Season Is Here: A Good Time to Review Estate Planning Documents

Each year, Florida residents prepare for hurricane season by reviewing emergency supplies, evacuation plans, and important household information. For some individuals and families, this may also be an appropriate time to review estate planning documents and related records.

Periods of heightened emergency preparedness often prompt consideration of whether important legal documents remain current and accessible.

Why Review Estate Planning Documents During Hurricane Season?

Unexpected events can highlight the importance of having updated legal and financial records available when needed.

When reviewing existing documents, individuals may consider questions such as:

• Who is authorized to make healthcare decisions under current planning documents?

• Who has authority to act under a valid Power of Attorney?

• Has a guardian been nominated for minor children, where applicable?

• Are important legal documents stored securely and accessible if needed?

The answers depend on the individual's circumstances and the documents currently in place.

Three Estate Planning Documents to Review

1. A Will

A will may identify beneficiaries, nominate a guardian for minor children, and nominate a personal representative.

Because family and financial circumstances can change over time, some individuals choose to periodically review existing wills to determine whether updates may be appropriate.

2. A Power of Attorney

A Power of Attorney may authorize another individual to act on behalf of the principal in specified matters, depending on the authority granted in the document.

The scope of authority and effectiveness of the document depend on its terms and applicable Florida law.

3. Health Care Planning Documents

Health care planning documents may include designations related to medical decision-making and treatment preferences.

These documents can identify individuals authorized to participate in certain healthcare decisions as permitted by law.

Supplemental Needs Planning Considerations

For families caring for individuals with disabilities, estate planning may include additional considerations.

Depending on individual circumstances, a Supplemental Needs Trust may be one of several planning tools used as part of a broader estate plan.

The suitability of any planning strategy depends on individual goals, family circumstances, and applicable law.

Organizing Important Documents

Alongside other emergency preparations, individuals may wish to maintain organized copies of important documents, including:

• Wills

• Powers of Attorney

• Health care planning documents

• Contact information for key advisors and family members

Some individuals also maintain secure digital copies of important records, where appropriate.

Periodic Reviews

Family, financial, and personal circumstances often change over time.

As a result, some individuals periodically review estate planning documents to determine whether existing documents continue to reflect their current circumstances and objectives.

Estate planning decisions vary based on individual circumstances and applicable Florida law.

This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney regarding your specific situation.