Florida Elder Law & Estate Planning Blog


Humans Should Rely On Humans, Not AI, For Legal Planning

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Artificial intelligence is rapidly embedding itself into every aspect of our lives. ChatGPT, Gemini, Claude and other AI services churn out data and perform many tasks in a fraction of the time it takes a human.

That said, there are some tasks so nuanced, complex and important – so human – that they are better left to a human. Creating thoughtful plans to protect your family upon your passing, preserve and distribute your assets, and make things easier for your loved ones if you become incapacitated fall into this category. A real-life, experienced estate planning/elder law attorney not only offers you up-to-date legal knowledge, but something else no machine model can provide: empathy and critical thinking. Moreover, as we explain below, artificial intelligence has all the same flaws and dangers as the do-it-yourself online will makers that arrived on the scene years ago – but even more so.

Your Estate Planning/Elder Law Attorney is Your “Counselor At Law” 

Creating life plans and death plans requires discussing your concerns and getting guidance and options. It requires looking at the entirety of your experiences and goals for the future, and working through issues that can’t be addressed using a chatbot’s fill-in-the-blank, black-and-white process. In fact, you may not even realize certain issues need to be addressed until you meet with your attorney and he/she brings them up. For example:

  • How likely is it that your daughter’s marriage will last? Do you want to make sure her inheritance ends up with her and your grandchidren, not your ex-son-in-law?
  • Are all your grandchildren fiscally responsible, or do you worry that one of them will squander his inheritance?
  • If you cannot afford or qualify for long-term insurance, what specific language should be placed in your durable power of attorney so that your agent can proceed with Medicaid planning for you if the need arises?
  • If you have had a difficult relationship with one of your children, or their relationships with one another has been fraught, how should you handle your bequests?
  • Who is the most appropriate person to serve as your trustee?
  • If you appoint one child and not another as your personal representative under your last will and testament, will that fray their relationship?
  • What is your spouse’s health status now or likely to be in the future, and how does that figure into your planning?
  • What are the tax consequences of one planning strategy over another?
  • How should you fund your trust, what assets do and do not belong in it?
  • Is it better for certain assets to have designated beneficiaries?

 

You can be confident that your experienced estate planning/elder law attorney is current with an understands pertinent federal laws and state laws. He/she will know of any changes that have already occurred, and those that are imminent.

Your flesh-and-blood lawyer will be on the scene to supervise the exacting witnessing and execution processes required by Florida law to be valid. If your documents are not deemed valid, it will be as if they did not exist. Your assets will then pass by laws of intestacy, which may end up putting your assets into the hands of those you did not want to get them, and keeping them out of the hands of those you wanted to get them. If your durable power of attorney or health care power of attorney are not valid, you could find yourself subjected to state guardianship.

 

Terms of Service Say It All

We could go on and on about the benefits of using an experienced estate planning elder law attorney and the risks of using artificial intelligence or a do-it-yourself service for your planning. But let’s just take a look in the horse’s mouth. What do these services say about their own limitations? Below are excerpts from their own cautionary terms of service (effective June 12, 2026).

Chatgpt (AI):

Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts. When you use our Services you understand and agree:

Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.

(Read the full terms of service here.)

Gemini (AI):

This is the output Gemini displays after entering the search terms,  “write Florida last will and testament

Important Disclaimer: I am an AI, not an attorney. This template is provided for educational and informational purposes to help you understand the structure of a will. Estate laws are highly specific, and Florida has strict requirements for a will to be legally valid. To ensure your wishes are fully protected and legally binding, you should consult a qualified Florida estate planning attorney.

Claude (AI)

Artificial intelligence and large language models are frontier technologies that are still improving in accuracy, reliability and safety. When you use our Services, you acknowledge and agree:

Outputs may not always be accurate and may contain material inaccuracies even if they appear accurate because of their level of detail or specificity.

(Read the full terms of service here.)

Legal Zoom (online document maker):

At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. LegalZoom is not a law firm and may not perform services performed by an attorney.

LegalZoom strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, LegalZoom cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind LegalZoom provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

(Read the full terms of service here.)

 Trust and Will (online document maker):

We provide online tools and materials to assist you with the preparation, execution and storage of your own legal documents and related information. We strive to keep the documents and other materials available through the Services, including any descriptions, information and other self-help resources (collectively, the “Document Materials”) current and up-to-date; however, they are not legal advice and are not guaranteed to be correct, complete or up-to-date. The law changes rapidly and is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance. We do not review the Document Materials or any information you input for accuracy or legal sufficiency, nor do we draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. You understand that our providing of the Services to you is neither legal advice nor the practice of law, and that the Document Materials are not customized to your particular needs. If you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

(Read the full terms of service here.)

 

Conclusion

Regardless of how sophisticated-looking a document churned out for you by AI or a do-it-yourself legal service, flaws can occur. Mistakes in your plans will likely be discovered only after you have passed on or become incapacitated, when it’s too late for you to rectify the problems. Your loved ones will be left to deal with the chaos.

Do not take the risk of relying on a digital robot to make such important plans. For your peace of mind, call on our human attorneys for guidance. Call 561-625-1100 to schedule your consultation.