Power Of Attorney
Protect your ability to manage important decisions.
A Durable Power of Attorney allows you to appoint someone you trust to handle financial, legal, and other matters on your behalf. If properly drafted, that authority can continue even if you later become incapacitated. Your agent may be authorized to manage bank accounts and investments, pay bills, handle real estate transactions, address insurance or government benefits, manage business interests, and take other actions permitted by the document. In Florida, a Power of Attorney is generally effective when it is executed. Choosing the right agent—and giving that person the appropriate authority—is therefore an important part of the planning process.
Why a Durable Power of Attorney Matters
Without an effective Power of Attorney, family members may have difficulty managing property, accessing accounts, or addressing financial matters if you become unable to act for yourself. In some circumstances, court involvement may become necessary.
A properly prepared Power of Attorney can help:
- Provide continuity in the management of your financial affairs;
- Give a trusted person authority to act when needed;
- Reduce the risk of unnecessary court proceedings; and
- Support your broader estate, elder law, and long-term-care planning.
For individuals considering Medicaid or asset-protection planning, careful drafting can be particularly important because an agent may need specific authority to implement planning strategies on your behalf.
Common Power of Attorney Issues
Using a generic form. A one-size-fits-all document may omit important authority or grant powers that are inappropriate for your circumstances.
Failing to grant necessary authority. Certain actions require specific authorization. A document that is too limited may prevent your agent from carrying out important financial, estate-planning, or long-term-care decisions.
Choosing the wrong agent or failing to name a successor. Your agent should be someone you trust to act responsibly and in your best interests. Naming a successor also provides continuity if your first choice cannot serve.
Failing to update an older document. Changes in family relationships, finances, property ownership, or planning objectives may make an existing Power of Attorney outdated.
Planning That Works Together
A Durable Power of Attorney should not be prepared in isolation. Our office coordinates Powers of Attorney with Wills, Trusts, healthcare directives, Medicaid planning, and other estate-planning documents so that each component works as part of a comprehensive plan.
Planning ahead gives you greater control over who may act for you and what authority that person will have.
Contact our office to schedule a consultation regarding a new or existing Durable Power of Attorney.