Can I Help My Parent With Their Will? What Florida Law Says About EstatePlanning and Mental Capacity

When it comes to estate planning, we frequently hear from well-meaning adult children who

want to help their aging parents “get their affairs in order.” While their intentions are usually

rooted in love and concern, Florida law places clear boundaries around who can make these

decisions and how the legal process should unfold. It’s important to understand that estate

planning is not something one person can do on behalf of another, unless proper legal authority

has been granted.

Here are two key areas where both legal and ethical considerations come into play:

1. Mental Capacity Is Essential

Under Florida Statutes § 732.501, anyone who is of sound mind and at least 18 years old may

make a will. That means an individual must understand the nature and purpose of the

document, the extent of their property, and the natural beneficiaries of their estate. This is

known as testamentary capacity.

Florida courts have consistently upheld that this standard is not overly burdensome, but it must

be met at the time the estate planning documents are signed. A parent doesn’t need to recall

every bank balance or detail of every asset, but they must grasp the general picture: that they

are making a will or trust, what it will do, and who their logical heirs are.

If a parent is suffering from significant cognitive decline or doesn’t understand what they’re

signing, any estate planning documents they execute could later be challenged—and possibly

invalidated. Even if the outcome seems fair and reasonable, Florida law requires that the

decision come from the individual themselves, not from well-meaning family members.

2. The Attorney-Client Relationship Belongs to the Parent

Estate planning attorneys are bound by the Florida Rules of Professional Conduct, including

Rule 4-1.6, which governs client confidentiality. Simply put, the lawyer’s duty is to the client—the

parent—not to the adult child or other family members, even if those family members are

helping to arrange the meeting or provide transportation.

It’s common for children to want to stay in the room during the consultation, but unless the

parent agrees and it truly supports their decision-making, the lawyer will likely speak to the

parent alone. Rule 4-1.14 adds that when a client has diminished capacity, the lawyer must

continue to treat them with respect and seek to maintain a typical attorney-client relationship as

much as reasonably possible.

Commentary to this rule explains that while family members may be present to help facilitate

communication, the lawyer must always look to the client—not to their relatives—for direction.

It’s a delicate balance, but one designed to protect the client’s autonomy and ensure that estate

plans reflect their own true intentions.

What Adult Children Can Do

We understand that navigating this process can feel overwhelming, especially when time or

health concerns are pressing. There are still ways for adult children to support their parents

without crossing legal lines:

● Help set up appointments, but give your parent space to speak privately with the

attorney.

● Offer assistance with gathering necessary documents, like bank statements or deeds.

● Encourage your parent to discuss their wishes openly and prepare questions in

advance.

● Respect your parent’s decisions, even if they differ from your own expectations.

When Legal Authority Is Needed

If your parent is no longer competent to make decisions and no estate planning documents

have been prepared, you may need to pursue a guardianship through the Florida probate court.

This is a more involved legal process, but sometimes it’s the only way to ensure that a loved

one’s financial and medical affairs are properly managed.

Let Us Help You Navigate the Process

At The Soto Law Office, we’re committed to helping Florida families create thoughtful, legally

sound estate plans that reflect their unique needs. If you’re concerned about how to assist a

parent with estate planning the right way, or if you have questions about capacity and legal

authority, we are here to guide you with care and professionalism.

Call us today at (321) 972-2279 or visit www.TheSotoLawOffice.com to schedule a consultation.

Together, we can make sure your loved one’s wishes are honored—legally, ethically, and with

respect.