What if I Die in Florida? End-of-Life Planning for Canadians Living in Florida
For Canadians who have chosen to make Florida their home, whether for retirement or a change of lifestyle, it's essential to consider all aspects of living abroad, including end-of-life planning.
This guide provides crucial information on how to plan in advance and what steps to take if a death occurs.
Planning in Advance
Register with the Canadian Government
Register with the Registration of Canadians Abroad service at travel.gc.ca. This ensures the Canadian government can contact you or your designated emergency contact if necessary.
Legal Residency and Documentation
Ensure your legal residency status in Florida is clear and up-to-date. Keep important documents such as your passport, permanent resident card (if applicable), and Canadian citizenship certificate easily accessible.
Health Insurance
Obtain comprehensive health insurance that covers you in Florida. Medicare does not typically cover health care outside the U.S., so consider additional coverage or travel insurance that includes medical evacuation.
Prepare a Will
Create a will that covers both your Canadian and U.S. assets. Consult with legal professionals in both countries to ensure your will is valid and enforceable in both jurisdictions.
Advance Directives
Prepare advance directives, including a living will and healthcare proxy (also known as a healthcare power of attorney). These documents should comply with Florida law.
Durable Power of Attorney
Designate someone you trust with durable power of attorney to manage your financial affairs if you become incapacitated.
Funeral and Burial Plans
Decide whether you want to be buried or cremated in Florida or have your remains returned to Canada. Pre-arrange and pre-pay for funeral services if possible.
Organ Donation
If you wish to be an organ donor, register with the Florida Organ and Tissue Donor Registry.
Financial Matters
Inform your Canadian bank and investment firms of your Florida residency. Consider setting up joint accounts or naming beneficiaries on your Florida accounts for easier access after death.
Tax Considerations
Understand the tax implications of your residency status and how it affects estate planning. Consult with tax professionals familiar with both Canadian and U.S. tax laws.
Important Contacts
Compile a list of important contacts, including your doctor, lawyer, accountant, and the nearest Canadian consulate. Keep this information with your important documents.
What to Do If a Death Occurs
Immediate Actions
If a death occurs at home, call 911. If in a hospital or care facility, the staff will guide you through initial steps.
Notify Authorities
Contact the local police if the death was sudden or unexpected. They will determine if the medical examiner needs to be involved.
Contact the Funeral Home
Choose a local funeral home to handle arrangements. If the deceased is to be returned to Canada, select funeral homes in both Florida and the Canadian destination.
Obtain the Death Certificate
The funeral director will help obtain the death certificate. Request multiple copies, as you'll need them for various purposes.
Notify the Canadian Government
Contact the nearest Canadian consulate or embassy to report the death. They can provide guidance on consular services and assistance with notifying relevant Canadian authorities.
Handle Legal and Financial Matters
- Contact the deceased's lawyer to start the probate process if necessary.
- Notify banks, credit card companies, and other financial institutions.
- Contact the Canada Revenue Agency and the U.S. Internal Revenue Service regarding final tax returns.
Social Security and Canada Pension Plan
If the deceased was receiving U.S. Social Security benefits, notify the Social Security Administration. Also, contact Service Canada regarding Canada Pension Plan or Old Age Security benefits.
Repatriation of Remains (if applicable)
If the body is to be returned to Canada:
- Work with funeral homes in both Florida and Canada.
- Obtain necessary permits for transporting human remains.
- Arrange for transportation, which may involve air freight.
Cremation (if chosen)
If cremation is preferred, the process in Florida typically involves:
- Obtaining a cremation authorization form signed by the next of kin.
- Waiting for a mandatory 48-hour waiting period after death before cremation can occur.
Property and Assets
- Secure the deceased's home and possessions.
- Locate and review important documents, including the will, insurance policies, and financial statements.
- Begin the process of transferring or selling property as per the will or intestacy laws.
Cancel Services and Subscriptions
Cancel utilities, subscriptions, memberships, and other services in the deceased's name.
Handle Digital Assets
Manage the deceased's digital presence, including social media accounts and email, according to their wishes or platform policies.
Grief Support
Don't forget to take care of yourself and seek grief support if needed. Many communities in Florida offer support groups and counseling services.
While planning for end-of-life matters can be uncomfortable, it's an essential part of living abroad. By taking these steps, Canadians living in Florida can ensure that their affairs are in order and reduce the burden on their loved ones during a difficult time. Remember to regularly review and update your plans, especially after significant life events or changes in law. Consulting with legal and financial professionals familiar with both Canadian and Florida laws is highly recommended to ensure all aspects of your end-of-life planning are properly addressed.
