If you are the adult child watching a parent grow older here in Miami, you have probably started to ask hard questions. Who signs the documents if Mom can no longer manage her bank accounts? What happens to Dad’s house on Brickell if he passes without a will? Our Miami estate planning attorneys work with the sandwich generation every day, building Florida-compliant plans that protect aging parents and the families who love them.
Why Adult Children Reach Out to Us
The call usually comes after a scare: a fall, a hospital stay, a confusing letter from a bank, or the first signs of memory loss. Suddenly the family realizes that nobody has legal authority to act for a parent who can no longer act for themselves. Without the right Florida documents in place, you may be forced into a court guardianship proceeding under Chapter 744, a slow and public process that stricter planning could have avoided entirely.
We help you get ahead of that moment. While a parent still has the mental capacity to sign, Florida law allows them to choose who steps in. That choice belongs to your parent, and our job is to document it clearly and lawfully.
The Core Florida Documents We Prepare
- Durable Power of Attorney under Florida Statutes Chapter 709, so a trusted adult child can manage finances if a parent becomes incapacitated.
- Designation of Health Care Surrogate and Living Will under Chapter 765, naming who makes medical decisions and stating end-of-life wishes.
- Last Will and Testament executed under section 732.502, with two witnesses and a notary for self-proving status.
- Revocable Living Trust under Chapter 736, often used to keep the family home and accounts out of probate.
- Lady Bird (enhanced life estate) deed to pass Florida real estate to children while preserving a parent’s control and homestead protections during life.
Florida Probate and the Family Home
When a Miami parent dies, their probate assets pass through the process set out in Florida Probate Code Chapters 731 through 735. Smaller or older estates may qualify for summary administration, while larger ones require formal administration with a personal representative. Florida’s homestead protections and constitutional restrictions on devising homestead property add real complexity, especially when a surviving spouse and adult children both have rights in the home. Planning now spares your family from sorting this out in grief later.
A Plan Built Around Your Parent’s Wishes
Good planning is not just paperwork. It is a conversation about what your parent values, who they trust, and how they want to be cared for. We guide that conversation with patience and translate it into documents that hold up under Florida law. Whether your parent owns a single condo or a portfolio of property, we tailor the plan to fit.
Talk With a Miami Estate Planning Attorney
The best time to plan is before a crisis forces your hand. Reach out to schedule a consultation, and bring your questions about your parents’ wills, trusts, deeds, and powers of attorney.
This page is general information, not legal advice. Florida law is specific to your facts; please consult a licensed Florida attorney before acting.