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Wills in Polk County, Florida
Every person, especially those people with children, should have a will, which is a legal instrument directing how your property should be disposed upon your death.   Basic wills will contain the following provisions:

  • Appointment of a Personal Representative (executor) who is the person that you designate to supervise the administration of your estate;
  • Directions regarding payment of final expenses, including burial and payment of debts;
  • Charitable gifts (such as gifts to churches or schools);
  • Specific bequests to individuals (such as jewelry, artwork, etc.);
  • Residuary Clause-  This clause is a “catch all” clause which directs what will happen to the remainder of your estate after all debts and gifts have been distributed;
  • Appointment of a Guardian for your minor children;
  • Whether any specific bequest will be held in trust for any party;
  • Powers of the Personal Representative; and Any other miscellaneous provisions concerning your estate and how you would like for it to be distributed.
In order for a will to be valid and enforceable in the state of Florida, the document needs to be signed, under oath, and witnessed by two individuals.
Health Care Directive and Appointment of a Health Care Surrogate
A Health Care Directive, also known as a “living will”, usually covers specific directives as to the course of treatment that is to be taken by caregivers, or, in particular, in some cases forbidding treatment and sometimes also food and water, should you be unable to give informed consent due to incapacity.  This is a legal document, which is signed, in the presence of a notary, and witnessed.  It will be enforceable in the event you are unable to make decisions about your course of treatment due to incapacity.A Health Care Surrogate is the person whom you name as the person who will carry out your health care wishes pursuant to your Health Care Directive.  Additionally, this person will have the power to make health care decisions for you in the event you become incapacitated.  A Health Care Surrogate will be designated in writing, and this document will be notarized and witnessed.

The source of this information is