Power of Attorney

Powers of Attorney come in many forms in the state of Florida. A "power of attorney" is a legal document by which you (the "principal") give certain powers to someone else. This person becomes your "attorney-in-fact" (the "agent"); authorized to act for you, in your place. How much power is determined by the principal. It also dictates the extent the attorney-in-fact can act on behald of the principal depending on the type of Power of Attorney involved. Every Power of Attorney is powerful, and having legal counsel in the execution as a principal is wise.

Types of Powers of Attorney in Florida

The Durable Power of Attorney A durable power of attorney gives the Attorney-in-fact power even if the principal becomes incapacitated. Most of Powers of Attorney in Florida are durable. To protect abuse of the power by the attorney-in-fact, Florida has made special regulations that are place on the attorney-in-fact should the principal become incapacitated before recognizing the power of attorney as durable.

General Power of Attorney A general power of attorney designates a list of allowable activities to the attorney-in-fact the can be performed on behalf of the principal. Absent this restriction, the attorney-in-fact is left to their own discretion to perform any legal acts within the realm of the allowable actions.

Limited Power of Attorney A limited Power of Attorney is more specific than a general power of attorney and usually pertains to one task or action. The attorney-in-fact is authorized to only conduct themselves on behalf of the principal in any matters associated specifically with this task or action.

All Powers of Attorney cease to be valid immediately upon the death of the principal.

Contact Don today to learn more about how we can help you with drafting a Power of Attorney!