The Checklist
Work it roughly in this order. The first two are urgent, because they can only be signed while your parent still has capacity.
- Durable power of attorney. So you can pay bills and manage accounts if your parent cannot. Without it, you are headed to guardianship court.
- Health-care surrogate, living will, and HIPAA. So you can make medical decisions and talk to doctors.
- Find the documents. Locate the will or trust, deeds, account list, insurance policies, and, critically, the passwords. Put them where the family can reach them.
- Check the will or trust. Is there one? Is it current? Does it still name the right people? See wills and living trusts.
- The home. Florida homestead has special rules; a lady bird deed can pass it without probate and help protect it from Medicaid estate recovery.
- Long-term care and Medicaid. Plan before a crisis: a Florida nursing home runs about $10,000 a month, and Medicare won’t cover a long stay. See Medicaid planning.
- Beneficiary designations. Retirement accounts and life insurance pass by beneficiary form, not the will. Make sure they are right.
Not sure where your parent stands? We’ll map it with you.
A free 30-minute consult tells you what’s in place, what’s missing, and what’s urgent, by phone or video.
Book your free consultGet the printable checklist (free PDF)
The one-page Florida Aging-Parents Legal Checklist: every document and decision, in the order that matters, with room to check things off as a family.
We'll email the PDF and nothing else unless you ask. Downloading it does not create an attorney-client relationship; please don't send confidential details yet.
If the Crisis Already Happened
If your parent has died, here is the calmer, step-by-step version: what to do when a parent dies in Florida. If your parent has lost capacity but is living, and there is no power of attorney, the path is guardianship, and we can guide you through it.
Frequently Asked Questions
Where Do I Even Start With My Aging Parent’s Affairs?
Start with the documents that let you act if your parent cannot: a durable power of attorney (finances) and a health-care surrogate (medical). Those two are urgent, because they can only be signed while your parent still has capacity. Then build the picture: locate the will or trust, the deeds, the accounts, the insurance, and the passwords, and check whether the plan is current. We can do all of this in one free consult and tell you what is missing.
What if My Parent Refuses to Talk About It?
That is common, and you do not have to win the whole conversation at once. Frame it around control and avoiding court, not death: a power of attorney means the family handles things, not a judge. Many parents come around when they understand the alternative is guardianship. If they are willing to do even the POA and the health-care surrogate first, you have covered the urgent part and can do the rest later.
What Happens if We Wait Too Long?
If your parent loses capacity before signing, the documents are off the table, and the only way to manage their affairs is guardianship, a court process that is slow, public, and costs far more than the planning would have. That single risk is why the power of attorney and health-care surrogate sit at the top of the checklist. Do those now; everything else can follow.
Can You Help if I’m Out of State?
Yes. We regularly work with adult children outside Florida who are managing a Florida parent’s affairs. Everything is done by phone and video, with remote or mobile-notary signing for your parent, so you do not have to fly in to get the plan in place.
Updated on June 10, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice, and no attorney-client relationship is created. Do not send confidential information until we have agreed to represent you.