What is Power of Attorney?
A power of attorney is a legally binding document that delegates authority for one person to make decisions for another, for financial transactions or other matters specific to the powers that are granted. The maker of a power of attorney is titled the principal and the person that can act on a principal’s behalf is the agent. A power of attorney document is terminated upon the death of the principal, the revocation of the document by the principal, or in a divorce case, where the spouse has been named as the agent.
Power of Attorney in the State of Florida
The State of Florida Power of Attorney Act of 2011 governs the requirements of a valid power of attorney. There are several types of documents available, to meet the needs of the principal. A general power of attorney delegates authority for an agent to act in a wide range of financial transactions. This document is terminated if the principal becomes incapacitated. A limited power of attorney permits the agent to act on behalf of the principal for a limited amount of time or for a specific transaction. The benefit of a durable power of attorney is that it remains in effect both before and after a principal is capacitated, and it may also replace the need for a court appointed guardianship. The content of the document addresses the agent’s ability to continue to have authority if the principal is mentally impaired.
A health care power of attorney in the State of Florida is called a Health Care Surrogate and it allows a principal to choose a trusted person to make health care decisions for them, if they are unable to do so. Due to the many variables in executing a power of attorney, it is in your best interest to have an experienced lawyer by your side, to explain the various documents available and how they may or may not be appropriate for your situation. Attorney Carsandra D. Buie is an experienced estate planning attorney and can assist you with making the right choice.
Call an Experienced Power of Attorney Lawyer Today
Making financial or health care decisions for an incapacitated loved one is very stressful. Planning for the future with a power of attorney for financial and health care decision making can significantly lessen the burden for your family and assure that your wishes are followed. Attorney Carsandra D. Buie is an estate planning lawyer that can draft, revoke, or change a power of attorney to meet your needs. She can provide legal counsel and representation regarding the dispute of a power of attorney if necessary. Call our office at 800-219-3297 for a consultation to discuss your unique situation.