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Power Of Attorney

Florida Power of Attorney Lawyer

Protect Your Loved Ones

A Florida power of attorney (POA) allows one person to designate authority to another. This authority generally falls into one of two categories: financial or health care.

Granting power of attorney to someone you trust can provide important protections in the event that you are unable to attend to your own affairs. However, there are risks associated with delegating authority, particularly over your financial affairs. Thus, it is important that you fully understand the ramifications of a POA and choose the type of instrument that both suits your purposes and protects your interests.

Contact our Florida power of attorney lawyer by calling (386) 272-7445 today!

Why Create a Power of Attorney?

Healthcare and financial POAs are most commonly used to ensure that someone you trust has decision-making power and the ability to keep important aspects of your life running smoothly if you should become incapacitated or otherwise unable to attend to your own affairs. Another type of POA, known as a limited power of attorney, may be used for a specific purpose, such as to allow another person to stand in for you at a real estate closing when you are selling property out of state and cannot be present.

Health Care Power of Attorney

A health care power of attorney may be used alone or in combination with an advance directive that provides instructions for your health care should you be unable to make your own decisions or to communicate those decisions to medical providers. When the need arises, you may not be in a position to convey your wishes. Creating a health care POA in advance helps to ensure that someone you trust and who knows you and your priorities will be able to make decisions about your medical are when you are unable.

Financial Power of Attorney

A financial POA may be general or may be granted for specific purposes. One common example of a limited financial POA involves authorizing another person to write checks on your account. This type of limited POA is often used to allow a family member to pay bills on behalf of an elderly relative. A general financial power of attorney allows the designee to manage a variety of financial affairs, including investments, the purchase and sale of property, and more.

Like a health care POA, a financial power of attorney can provide important protections in the event that a person becomes incapacitated or unavailable. Although the need for this type of POA may not be as immediately obvious as the need for a health care POA, consider how many financial transactions are required to keep day-to-day life running smoothly. For example, a person who becomes incapacitated for a period of months without a POA or some other similar protection could lose his home, car, and other secured property simply because no one had the authority to use his funds to make the regular installment payments on those loans.

The Risks Associated with a Power of Attorney

Of course, there are risks associated with granting another person the legal authority to act on your behalf. Unfortunately, even close relatives have been known to abuse power of attorney, converting funds for their own benefit, or simply handling accounts negligently.

While there are remedies available when a power of attorney has been abused, such as a lawsuit by the owner of the property or a person appointed to represent his or her interests, it may be difficult or impossible to recover diverted funds. The best protection is careful planning with the assistance of an experienced estate planning attorney.

How Can A Power Of Attorney Lawyer Help Me?

A power of attorney lawyer can assist you in several important ways. Firstly, they can help draft a power of attorney (POA) document that is tailored to your specific needs, ensuring that it accurately reflects your wishes and grants the appropriate level of authority to your agent. They ensure the document complies with state laws and meets all legal requirements to be valid and enforceable. 

Additionally, a lawyer can help you select a reliable and trustworthy agent, discussing the responsibilities and potential risks involved, and advise on appointing successor agents if needed. They can assist in specifying the powers you want to grant to your agent, whether broad or limited, and ensure the document is clear and unambiguous to prevent future disputes or misinterpretations. When it comes to executing the POA, a lawyer can oversee the signing to ensure it is properly executed, witnessed, and notarized as required by law, and provide guidance on where to store the POA and who should have copies.

If your circumstances change, a lawyer can help you amend or revoke the existing POA and create a new one that reflects your current wishes, and assist in notifying relevant parties about the changes. In case of disputes or concerns about the actions of an agent, a lawyer can represent you in legal proceedings to resolve the issues and help protect your interests if you believe your agent is not acting in your best interests or is abusing their powers. For complex situations, such as business interests or significant assets, a lawyer can provide specialized advice to ensure your affairs are managed effectively. In the case of medical POAs, a lawyer can help ensure that your healthcare preferences are clearly documented and legally enforceable. By working with a POA lawyer, you can ensure that your power of attorney document is comprehensive, legally sound, and tailored to your unique needs and circumstances.

Working with an Estate Planning Lawyer to Draft Your POA

It may seem a simple matter to download a form and create a power of attorney, but using a template may have unintended consequences. When you create a POA, it is important to understand exactly what rights you are granting to another person, what remedies are available to you should problems arise, under what circumstances the POA is applicable, and how it may be terminated.

The best source of this information is an experienced estate planning lawyer. When you’re ready to take the important step of ensuring that your health and your finances are protected in the event that you cannot manage them yourself, make sure you’re fully informed.

You can take the first step right now by filling out the form or calling (386) 272-7445 to schedule a consultation at Upchurch Law.

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