Advance Directives & Guardianship

Prepare for Life’s Unexpected Moments With Confidence

Estate planning isn’t only about what happens after you pass away—it’s about ensuring your wishes are carried out if you become unable to speak for yourself. Saxey Law PLLC helps Destin-area families put the right documents in place to protect themselves, their finances, and their loved ones.

Planning for Incapacity

Who Will Make Decisions If You Cannot?

Advance directives answer one of life’s most important questions: who will make decisions for you if you are seriously ill or injured? Florida recognizes several key documents―a Living Will, a Designation of Health Care Surrogate, and a Durable Power of Attorney―that guide medical and financial decisions during incapacity. Without these documents, your loved ones may need to go through a public and stressful guardianship process just to access accounts or direct your care. Advance planning spares your family uncertainty and ensures your personal values are honored. At Saxey Law, we help you choose trusted decision-makers and outline your wishes clearly.

Living Wills & Health Care Directives

Make Your Medical Wishes Known

A Living Will allows you to specify the medical treatments you do or do not want if you are terminally ill or unable to recover meaningfully. This document relieves your family from having to guess what you would want during emotional moments. A Designation of Health Care Surrogate appoints someone you trust to make medical decisions on your behalf when you can’t speak for yourself. Choosing the right surrogate is crucial—they must understand your values and be willing to advocate for you.



Common directives include:

  • Living Will instructions for end-of-life care and life-prolonging treatment.
  • Health Care Surrogate authority for real-time medical decisions during incapacity.
  • HIPAA authorizations so providers can speak with your chosen decision-makers.

Durable Power of Attorney

Ensuring Someone Can Manage Your Affairs

A Durable Power of Attorney (DPOA) grants a trusted person the authority to handle your financial, legal, and practical affairs. In Florida, the document becomes effective immediately upon signing and remains valid even if you become incapacitated. Without a DPOA, family members may be unable to access bank accounts, pay bills, or manage real estate without going to court for guardianship. The law requires certain powers to be specifically listed, which is why generic online forms often fail. We help clients choose responsible agents and draft precise language that aligns with Florida’s strict statutory requirements.

Guardianship Designations

Protecting Children and Avoiding Court Intervention

Guardianship planning has two major components: naming guardians for minor children in your will and preventing the need for a court-appointed guardian for yourself. Naming a guardian ensures your children will be cared for by the people you choose, not someone selected by a judge. For adults, guardianship becomes necessary only when there are no advance directives authorizing someone to act. By establishing powers of attorney and medical directives, most families can avoid the stress, cost, and loss of privacy that guardianship proceedings involve. Saxey Law also assists families seeking guardianship when truly needed, such as caring for an aging parent who did not prepare documents in advance.

Protect Your Loved Ones by Planning Ahead

Make Thoughtful Decisions Now to Prevent Confusion Later

Advance directives are powerful tools that give you control even when you cannot speak for yourself. They also protect your family from difficult guesswork at moments already filled with stress and emotion. Our firm’s military background adds a layer of experience—service members routinely rely on precise POAs and directives, and we bring that same attention to detail to civilian families. Whether you need a first-time plan or an update, we walk you through every choice with clarity and compassion. Contact Saxey Law to set up your living will, powers of attorney, and guardianship documents.

Frequently Asked Questions – Directives & Guardianship

Clear Answers for Florida Families

  • What’s the difference between a living will and a regular will?

    A living will applies while you are alive but unable to communicate, and it outlines your medical treatment preferences. A regular will, or Last Will and Testament, directs what happens to your property and who cares for your minor children after you pass away. They serve completely different purposes, which is why most people need both types of documents. Saxey Law helps you coordinate these documents so they work together in your overall plan.

  • Who should I choose as my healthcare surrogate or power of attorney?

    Choose someone you trust deeply, who understands your values, and who can stay calm during stressful medical or financial situations. Many people choose a spouse or adult child, but close friends or trusted advisors can also serve. What matters most is the person’s reliability and willingness to advocate for you. We help clients think through these choices carefully to avoid conflict or confusion later.

  • Do advance directives need to be notarized or witnessed in Florida?

    Florida law requires two witnesses for both a Living Will and a Health Care Surrogate designation, and at least one witness must not be your surrogate. Certain powers in a Durable Power of Attorney must also be specifically initialed or clearly granted. Errors in signing or formalities can invalidate the document, which often isn’t discovered until it’s too late. Our firm ensures that all directives meet Florida’s strict execution requirements.

  • When do powers of attorney take effect in Florida?

    Florida eliminated “springing” powers of attorney in 2011, so a Durable Power of Attorney becomes effective immediately upon signing. This makes choosing the right agent critical, since they have authority from day one. The benefit is that the document remains valid during incapacity without additional medical certifications. We help clients set appropriate boundaries and choose trustworthy agents to keep the arrangement safe and effective.

  • What if I become incapacitated without these documents?

    Without advance directives, loved ones may need to petition the court for guardianship, a process that is time-consuming, public, and sometimes emotionally difficult. A judge—not your family—would decide who manages your finances or makes your medical decisions. This can lead to delays in getting necessary care or handling urgent financial matters. Advance directives prevent these issues by giving clear authority to the people you choose.