Estate Planning
Durable Powers of Attorney
If you become unable to manage your own financial affairs, a durable power of attorney ensures someone you trust is legally authorized to act on your behalf — without court intervention.
Estate Planning
- Durable Powers of Attorney
- Wills and Living Wills
- Revocable Trusts
- Healthcare Surrogate Designations
- Lady Bird Deeds
What is a Durable Power of Attorney?
A power of attorney (POA) is a legal document that authorizes another person — your "agent" or "attorney-in-fact" — to act on your behalf in financial and legal matters. A durable power of attorney remains in effect even if you become mentally incapacitated. This is the critical distinction: a non-durable POA terminates if you lose capacity, which is precisely when you need it most.
With a durable POA in place, your agent can pay your bills, manage your bank accounts, file your taxes, manage your investments, and handle real estate transactions — all without the need for a court-appointed guardian or conservator.
What Happens Without a Durable POA?
If you become incapacitated without a durable power of attorney, your family may need to petition a Florida court to appoint a guardian to manage your affairs. This process is expensive, time-consuming, and emotionally draining. It can take months, and the court — not your family — ultimately decides who is in charge. A durable POA prevents this entirely.
Florida's Durable POA Requirements
Florida has specific requirements for a valid durable power of attorney. It must be signed by the principal (you) in the presence of two witnesses and a notary public. Certain powers — such as the ability to make gifts or change beneficiary designations — must be specifically granted in the document. Our attorneys draft durable POAs that comply with Florida law and give your agent the authority they need.
Protect Your Financial Future
Call (321) 541-6845 or schedule a consultation. A durable POA is one of the most important documents you can have.
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