Power of Attorney in Florida

Have you ever wondered who would take care of your finances or make decisions for you if you become unable to do so for yourself? Don’t worry about leaving it up to whoever the law says has this right. Look into securing a power of attorney. This legal document allows you to prepare for any situation where you may need someone else to make decisions for you. With the help of an attorney in Florida, you can easily set one up and get peace of mind today.

What Is a Power of Attorney?

The American Bar Association defines power of attorney as a document that gives the power to act on your behalf as a legal agent. This authority may either be temporary, or permanent. The result is that your designated agent can manage your affairs without your written approval.

Why Would You Need a Power of Attorney?

One of the reasons why you may pursue a POA is for convenience. For example, you may rather have someone manage your assets without securing your approval each time. Any Florida POA can circumvent checks and balances, and allow someone to act on your behalf.

Another reason is when you are not able to make legally sound decisions. A POA provides you with security that a person of your choosing can do so for you. This arrangement is common for senior citizens. It also happens with people with severe physical or mental conditions that prevent them from making informed decisions.

Types of Power of Attorney

Not every POA grants the same powers to your agent. You can choose from different POAs to cater to what best suits your situation.

General Power of Attorney

A general POA grants an array of powers to the agent. This can include:

• The ability to handle your financial matters and accounts
• Power to manage your insurance needs
• The ability to operate your business
• The ability to make business decisions on your behalf
• Power to hire or fire employees
• The ability to settle claims against you
• The ability to change your estate plan.

You may use this type of POA if you will be away for an extended period and need legal representation in Florida to handle your affairs. This legal arrangement may happen during your absence. Or, it may occur in a situation where you cannot make the decisions on your own due to an illness or injury.

Special Power of Attorney

A special POA is more specific. You have the power to sign off on distinct powers granted to your agent. If you only want someone to sign off on real estate deals, for example, a limited power of attorney would be proper. You may use a special POA when you don’t have the time to deal with specific affairs due to time or health constraints.

Florida law allows for both limited and general POAs. Common powers include real estate transactions, investments, and estate management. Unlike some states, Florida does not have a statutory form for POAs. Instead, there are numerous general templates online, or your attorney can create the document for you. However, the POA must state the specific powers of the agent. In addition, certain powers, such as estate and trust activities, require that the principal sign or initial next to each of them.

Health Care Power of Attorney

This type of POA grants your agent the right to make all medical decisions on your behalf. It comes in handy when you are not conscious or are otherwise unable to make decisions regarding your health care. While state laws can differ, your POA could have the ability to make serious decisions, like ending life support.

You may use a health care POA if you are elderly or sick. You might find yourself in a situation where you can’t make decisions on your own. Power of attorney can transfer to your child or someone you trust so that care can continue in your best interests.

Durable Power of Attorney

A durable power of attorney enables the agent to control specified functions. DPOAs are useful if you anticipate losing your mental faculties, such as after an Alzheimer’s diagnosis. In essence, it acts as a preventative safeguard.

Unlike some states, POAs in Florida are not durable by default. Under Florida statute, durability requires specific language indicating the principal’s intent that the powers continue notwithstanding incapacitation. In addition, the principal must sign the document in the presence of two witnesses and a notary public. Once properly executed, third parties cannot refuse to honor the POA without a written explanation. However, they can require the agent to sign an affidavit affirming that the POA is valid and still in effect.

Choosing an Agent

The person you choose as an agent should be someone you trust. Often, people choose a family member. Your family members usually have your best interests in mind and are close to you. However, you can select any individual to be your POA. Keep in mind that whoever you choose will be in charge of managing your affairs and should be someone you trust to  honor your wishes.

Appointing Multiple Agents

As principal, in Florida you have the right to appoint multiple agents. You decide whether these agents act together or make separate decisions. Having two or more agents establishes a system of checks and balances. This procedure keeps one agent from making too rash of a judgment. However, it can also lead to discrepancies that can cause delays.

At the very least, it is crucial to have a backup POA should something happen to your primary. A successor agent can take control once the primary agent either passes away or cannot carry out the duties of an agent.

Revoking a Power of Attorney in Florida

You have the right to revoke your power of attorney at any time as long as you are of sound mind to do so. You will need to put your revocation in writing and file it with the same place in Florida that handled your original POA paperwork.

Another party may also try to revoke your POA. Although, that becomes a much more complex legal proceeding and would be difficult to prove in court. The person would have to show the agent has done something to jeopardize your interests.

Under Florida legislation, a revocation must be in writing. However, the revocation statement can be included as part of a subsequent POA. In addition, a divorce filing or legal separation automatically terminates the powers of a spousal agent.

Using a POA to Protect your Interests

You can insert provisions into your agreement that force your agent to report to an outside party. For example, a family accountant or a designated medical doctor could fill this role. This arrangement adds another layer of security and guarantees that another party can review decisions.

If the principal becomes incapacitated, there may be a court proceeding to determine guardianship. According to the Florida Bar, the court will suspend most of the agent’s powers during this process. However, they typically allow agents to continue making healthcare decisions. In addition, the existence of a durable power of attorney can often eliminate the need for a guardianship. If the agent already has general fiduciary powers, Florida courts tend to allow them to continue, rather than appointing a guardian.

Do I Need a Lawyer to File POA in Florida?

It is wise to consult with an attorney who specializes in Florida trust or estate issues. POA paperwork can be complex, so having a dedicated Florida legal professional can be helpful. A lawyer can also help you add provisions that safeguard your interests when you cannot look out for yourself.

Work with an Experienced Local Lawyer in Florida

If you want to create a power of attorney, you should begin by speaking with an attorney. We can match you with an experienced Florida that can help you navigate your POA. We can even help you connect with an attorney across Florida state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!