In Florida, last wills are not filed until death. Living Trusts can provide an extra level of privacy. Trusts do not need to be recorded; but some are. Even if you make a trust, you need a Last Will. Describe your relationship with your Life Partner as more than roommates. Although out-of-state agents may serve in certain capacities, appointing residents of Florida is sometimes preferred; and depending on your family dynamics may be required.
* LGBT powers of attorney
Not all powers of attorney are durable. Make sure yours is. Some powers are limited or special while others are general. Depending on whether you pool your assets and other considerations you and your life partner may limit the time when your power of attorney becomes effective.
* Lesbian and gay living wills
Remember Terri Schiavo? Put your living will wishes in writing. Designating a health care surrogate alone is not enough. Do you want one person or several to speak on your behalf? Are the persons you name comfortable speaking with physicians? If you name conditions specifically, what happens if you have one that is not listed? Have you taken measures to guarantee that you will not feel pain when the health care professionals remove life support, if that is your choice? Should you name surrogates who live outside of Florida as alternates?
* Dead Human Body
Are you familiar with Florida's Statutes regarding who is permitted access to your dead human body? If you have no specific writing, will those persons carry out your wishes? Have you discussed traditional burial versus cremation with your partner? Do you want your partner to disburse ashes immediately after you die or together with your partner at their death? Who gets custody of your ashes? Who controls the actual funeral arrangements and service? Are there religious concerns? Have you addressed these and other concerns within your declaration?
* Probate
Will you need probate? Who pays your partner's bills at their death? What if creditors attempt to collect from homestead property? How did you title your real estate? Did either of you file bankruptcy and how could that affect property?
* Pet trusts
Who makes certain your pets are cared for? Are there guarantees or safeguards? Will they be cremated and buried with you? What if you acquire additional pets or your current ones predecease you?
* How comfortable am I being my own lawyer?
Do you want to legally represent your life partner with these and other important documents? Are you aware that attorneys have strict ethical obligations and duties when we represent two life partners? Will you be able to advise your partner regarding the positives and negatives of your devises and bequests should you die together? If either side's family is not fully accepting, how can you minimize challenges to your plan? Do you have safeguards built into every other document as well? What if the health care facility is reluctant to follow your wishes? Have you built in language to strongly encourage them to follow your wishes?