Powers of attorney

The powers of attorney you actually need

These are the documents that matter while you are still here. They are also the ones people skip, because a will feels like the important one.

6 minute read · Updated 2026 · Florida

Four documents, four different jobs

They are routinely lumped together and they are not interchangeable. Each one names a person and grants a specific kind of authority.

  • Durable financial power of attorney — lets someone handle money, property, bills, insurance and tax matters for you.
  • Healthcare surrogate designation — lets someone make medical decisions when you cannot.
  • HIPAA release — lets that person be told anything at all about your condition.
  • Living will — states your own wishes about end-of-life treatment, so nobody has to guess.

Why 'durable' is the word that counts

A plain power of attorney can end at the exact moment you lose capacity — which is the moment you needed it. A durable power of attorney is written to survive incapacity. In Florida a durable financial power of attorney is generally effective when signed rather than springing into effect later, so choosing the right person matters as much as having the document.

What it costs to go without

The alternative is guardianship: a petition, a hearing, a court-supervised process, a public file, and months of delay before your family can pay your mortgage or speak to your doctor. It costs considerably more than the documents, and it happens at the worst possible time.

Who should hold it

Name someone who will actually be reachable and is comfortable making decisions under pressure. Name an alternate. Tell both of them. A document nobody knows exists cannot be produced at a hospital desk at two in the morning.

Three ways forward.

Start online now, read more first, or talk it through with someone. Nothing here locks you into anything.

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