Hire a Lawyer to Explain and Create a Durable Power of Attorney in Florida
Although it may be uncomfortable to think about, it’s essential to have a legal plan set for when you cannot take care of yourself. A durable power of attorney allows you to legally delegate someone else to act on your behalf with respect to your legal, financial, and business affairs. The chosen person can protect your rights and help with day-to-day tasks.
What Is a Durable Power of Attorney?
Depending on your needs, you might want to delegate different actions. There are four different types of powers of attorneys:
- General power of attorney: This grants your agent the ability to manage finances, bank accounts, real estate, government benefits, and other broad transactions.
- Limited power of attorney: This allows you to designate specific access to your agent for a limited time. For example, maybe you are traveling for a few months and want your agent to buy or sell your stocks while you’re gone.
- Durable power of attorney: Durable can be general or specific, but it remains effective after you are incapacitated, differentiating it from the first two.
- Springing power of attorney: Springing power of attorney goes into effect only after incapacitation. However, this is no longer an option in Florida.
Delegating a Power of Attorney in Florida
To delegate a power of attorney in Florida, you must be considered capable. Capability includes meeting all three of the following standards:
- Mental stability: You must be lucid and mentally stable enough to understand what you are executing.
- Understanding: Even if you are mentally sound, you must understand the tangible effects of the document to be considered capable.
- Age: The minimum age to execute a power of attorney in Florida is 18.
You must also have a minimum of two witnesses present and the acknowledgment of a notary to complete a legal power of attorney. All parties must be together when signing.
Actions You Cannot Delegate in Florida
Each state has different rules regarding what you are allowed to delegate. In Florida, you may not authorize an agent to:
- Vote on your behalf
- Revoke or execute your will or codicil
- Conduct personal services under contract for you
- Act on your behalf if you have been named as a guardian or trustee
- Testify under oath on your behalf
Is a Durable Power of Attorney Permanent?
No, a durable power of attorney is not permanent. Capabilities terminate if you die or revoke power. They can also end if the purpose completes or any set time limits expire.
Creating a Durable Power of Attorney in Florida
An experienced attorney can help take care of your legal documents the right way to give you peace of mind. When planning for the future, consider that you may require other legal processes like estate planning or creating a will. If you need assistance with understanding and creating this important document, contact Sawyer & Sawyer, P.A..