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Health, Education And Life Planning (Help) Affidavit - Hillsborough County Board Of County Commissioners Page 3

We understand that this HELP Affidavit, if recorded with the Hillsborough County Clerk of Circuit Court, is a

public record under Florida law. WE HOLD HILLSBOROUGH COUNTY AND THE HILLSBOROUGH

COUNTY CLERK OF THE CIRCUIT COURT HARMLESS FROM ANY RECORDING, MISTAKES,

OR DELAYS IN POSTING UP‐TO-‐DATE INFORMATION IN THE OFFICIAL RECORDS OR TO

THE ONLINE DATABASE. We also understand and agree that we will notify the Hillsborough County

Clerk, in writing, if either designation of the Support Person named above is no longer applicable.

DISCLAIMER

The Hillsborough County Board of County Commissioners directed the Clerk to the Board to create a

Registry for recording a Hillsborough County Domestic Partnership Registration Affidavit and/or a Hillsborough

County Health, Education and Life Planning (HELP) Affidavit, as provided in Hillsborough County Ordinance 14-

32. The forms for these affidavits are being made available by Hillsborough County on the Clerk’s website.

By making the forms available to the public as directed by the Hillsborough County Board of County

Commissioners, the Clerk is performing a ministerial act and is neither giving legal advice nor providing legal

services to any person who elects to use the forms and record them in the Registry. The Clerk is expressly

prohibited from practicing law pursuant to section 28.215, Florida Statutes.

Many sections of the Florida Statutes regulate the decisions that will be made and incorporated into

the affidavits. Before signing either affidavit and submitting it to the Clerk for recording in the Registry you

should seek the advice of the legal counsel of your choice to advise you if recording either affidavit in the

Registry meets the legal requirements of existing law, and particularly the requirements of Chapter 765,

Florida Statutes regulating the procedure for choosing a health care surrogate; providing a sufficient advanced

directive for life prolonging procedures in a living will; or making anatomical gifts. In addition, if you have an

existing estate plan or you have signed a Durable Family Power of Attorney, your decision to record either

affidavit may cause changes to existing directive or conditions that you provided in existing documents,

including those that may be part of your estate plan. Before signing either affidavit or recording either

affidavit in the Registry, you should seek the advice of legal counsel to understand all of the legal

consequences of signing and recording either affidavit in the Registry.

Health, Education And Life Planning (Help) Affidavit - Hillsborough County Board Of County Commissioners Page 3