When they retired to Florida, they believed they had done everything right.
They sold their home in New Jersey.
They updated their licenses.
They registered to vote.
They applied for homestead protection.
And they had an estate plan — drafted years earlier by a reputable attorney up north.
They assumed it came with them.
It didn’t.
A few years after relocating, the husband suffered a stroke. He survived, but he was unable to manage finances for several months.
His wife gathered their documents and went to the bank with his power of attorney.
The bank reviewed it carefully.
Then they said:
“We can’t accept this. It doesn’t meet Florida’s requirements.”
The document was perfectly valid in New Jersey.
But they didn’t live in New Jersey anymore.
Florida has very specific statutory requirements for powers of attorney — including required language and execution standards. If those requirements aren’t met, financial institutions can legally refuse the document.
And they did.
Instead of focusing on her husband’s recovery, she had to:
• File emergency court petitions
• Pay additional legal fees
• Wait for judicial approval
• Sit through hearings
All to obtain authority she thought she already had.
The estate plan wasn’t poorly drafted.
It simply wasn’t updated.
Florida is different.
Florida’s homestead rules can override parts of a trust.
Florida’s spousal protections are stronger than many northern states.
Florida banks regularly reject out-of-state powers of attorney.
And high-tax states sometimes examine estate planning documents when evaluating domicile disputes.
Different state. Different rules.
After things stabilized, they came to our office.
We updated their power of attorney.
We revised their healthcare documents.
We reviewed homestead compliance.
We rebuilt their plan under Florida law.
Now when friends move south, they tell them one thing:
“If you move, move your plan too.”
Because sunshine doesn’t automatically update legal documents.
If your estate plan still references the state you left behind, it may be time for a second look.