Free Last Will and Power of Attorney

Can I Make My Own Will or nominate a Power of Attorney or create an Advance Healthcare Directive & HIPAA Authorization in Florida?  Yes. Florida residents can create their own will or POA without an attorney. If you know who you want to handle your estate, what assets you have and who you want to receive those assets, you are ready to make a will.

A notary is required to make your will self-proving. When a will is self-proving, it can be admitted to probate without needing your witnesses’ testimony, which can speed up the process.  The witnesses’ signatures are also notarized on a self-proved will, as such the notary may not serve as one of the witnesses. See the list of suggested witnesses in our FAQ below.

A last will and testament in Florida distributes assets, appoints your personal representative, and appoints minor children’s guardianship, and must be reviewed periodically to maintain validity, especially due to Florida’s probate courts not allowing oral declarations or handwritten instructions from a testator without witness signatures.

A Durable Financial Power of Attorney is a document that lets you appoint someone to manage your finances for you if you ever become unable to do so for yourself.  The name is made up of three parts: First, the authority you grant to your agent is called the “power of attorney.” Second, a “financial” power of attorney is one that grants authority over financial matters; it is different from a “healthcare” power of attorney, for example, which grants authority to make medical decisions. Finally, a “durable” power of attorney is one that remains in effect even after its creator becomes physically or mentally incapacitated.

FAQ

• Q: Can I invite multiple witnesses to a Notary session?
• A: Yes and if you don’t have a witness, we can provide you one. In our state (Florida), anyone who is competent enough to serve as a witness, may be a witness to a Will. The law does require witnesses to sign the Will in the presence of the testator and of each other. A witness must be an independent who isn’t related to the testator and has no personal interest in the Will.  A neighbour or family friend is ideal. Someone cannot be a witness if they are: The spouse or civil partner of the testator.
• Q: Can a Florida Notary accept an expired ID or Driver License?
• A: Yes and only if has been issued within the past 5 years and bears a serial or other identifying number.  You look at the issued date.
• Q: Can I use a translator if I do not speak English?
• A: Yes.  We will add a statement in your notarial certificate that you have complied with this requirement of the law: “I further certify that the nature and effect of the document was translated for (name of signer) by (name of translator) prior to notarization.”  You may also want the translator to sign the document in front of the Notary as a Witness. The most important thing to remember is that the nature and effect of the document must be translated into a language that the signer does understand. The law does not specify that a written translation is required; therefore, an oral translation is sufficient. Remember, the Notary Public is not responsible for the contents of the document.  To sum up, complete the notarial certificate in English. The certificate may be translated into the language of the document, but the translated certificate should not be signed and sealed by the notary, just the original document. (Ref)

You can create your own will or power of attorney at your own time and privacy, just follow this Free Will link

Avalon Park Notary at 3564 Avalon Park E Blvd, Ste 1, Orlando, FL 32828