Powers of Attorney

St. Petersburg Powers of Attorney Lawyers

Why Choose Us for Your Power of Attorney Needs

Endowing someone with power of attorney means you authorize them to make decisions on your behalf. Unlike a living will or advance directive, a power of attorney allows your chosen agent to act for you whether or not you are incapacitated. The agent can hold this authority for as long as you specify in your document.

Granting powers of attorney gives someone several legal abilities, including the power to:

  • Handle your finances
  • Manage your property
  • Make medical decisions if you become incapacitated
  • Buy and sell property
  • Collect debts
  • Oversee business transactions

When you grant power of attorney, you may limit or expand those authorities in your document. You can set specific start or end dates, or clearly define which decisions your agent may make. Customizing your power of attorney lets you keep control over your affairs while guiding your agent to act in your best interest. You may revoke a power of attorney at any time, as long as you retain legal capacity. By planning these details, you protect your preferences if circumstances change or unexpected events arise.

You can grant power of attorney to more than one person. Many individuals choose to name both their spouse and their children as agents. Durable powers of attorney are complex legal documents that should be customized for your estate plan, goals, and family circumstances. Using a generic form can create challenges. For these documents, consult a knowledgeable elder law or estate planning attorney who understands the importance of detail and compliance.

A power of attorney can take several forms, including durable, medical, and limited varieties. A durable power of attorney remains effective if you become incapacitated, while a non-durable one ends if you lose decision-making ability. A medical power of attorney allows you to appoint an agent to make healthcare choices when you cannot. Limited powers of attorney give agents authority only over specific transactions, such as handling a financial account or completing a particular real estate deal. This flexibility helps you align the document with your specific goals and personal concerns.

Understanding Florida Power of Attorney Laws

Florida law sets specific rules for creating a valid power of attorney. The principal must sign the document in the presence of two witnesses and a notary public. The witnesses and the notary must be physically present together at the time of signing, which helps prevent fraud and ensures true intent. 

Florida law also requires you to describe certain powers very clearly. If you want your agent to handle real estate or banking matters, you must include those powers with exact language, as outlined by Florida statutes. Working with a legal professional keeps your document current and helps you avoid problems that might make it unenforceable.

Steps to Set Up a Power of Attorney

Setting up a power of attorney involves a few steps that help protect your wishes. First, decide what types of decisions your agent or agents should handle. Next, a legal professional can draft the document to specify your chosen powers and any limits. Once complete, you sign the document before two witnesses and a notary public, as required by Florida law. 

After signing, give copies to your appointed agent or agents and any relevant institutions, like banks or healthcare providers, that may need to recognize their authority. It's smart to review your documents regularly to ensure they continue to meet your needs as your life and circumstances change.

Ready to assign power of attorney? Contact Our St. Petersburg lawyers at (727) 240-2350

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