Florida Power of Attorney Lawyer Helps Clients Delegate Legal Authority

Sarasota and Osprey law firm creates legal POA documents

We all value our independence. Unfortunately, nature hasn’t made us invulnerable. With age, we are all subject to physical and mental decline. At any age, a sudden accident or serious illness can render us temporarily or permanently incapacitated. If you’re unsure about what would happen if you’re no longer able to make important decisions about your personal care and finances, it might be time to speak to a Florida power of attorney (POA) lawyer. Teresa K. Bowman P.A., CELA (Certified Elder Law Attorney) in Sarasota and Osprey can give you peace of mind with a carefully tailored power of attorney document that authorizes someone you trust to handle key matters in your time of need.

What is power of attorney?

Power of attorney is the legal authority to act as an agent for the benefit of another person. But unlike a legal guardianship, where the court appoints someone to take charge (sometimes over the objections of person to be cared for), power of attorney is a voluntary transfer of authority from the principal to the agent.

Types of powers of attorney in Florida

A principal can execute a power of attorney for various purposes. Your options include the following:

  • General POA — You might opt to grant your agent broad authority to manage financial transactions, such as banking, buying or selling real estate and filing taxes.
  • Limited/special POA — This type of POA confers limited authority for a specified purpose during a set period of time. 
  • Durable POA — Either general or specific, the distinguishing feature of a durable power of attorney is that it remains in effect even if the principal becomes incapacitated. 
  • Healthcare or medical POA — A principal can authorize their agent to make medical treatment decisions on their behalf. This differs from a healthcare advance directive, which is a document defining the procedures that an individual finds acceptable.

Florida eliminated “springing powers of attorney” as of 2011. The springing POA had allowed principals to grant authority upon the occurrence of some triggering event. Presently, all powers of attorney are effective immediately.

What are the requirements for creating a power of attorney in Florida?

To execute a POA, the principal must be an adult of sound mind. The POA must be written and signed by the principal in the presence of two witnesses and a notary. The document must name the agent and clearly state the specific authority the principal is granting and for how long.

When does a power of attorney expire?

Power of attorney terminates when a principal becomes incapacitated, unless it is a durable POA. A limited POA terminates automatically when the purpose is served or time limit expires. A durable POA lasts until one of the following occurs:

  • The principal formally revokes the POA.
  • A canceling event mentioned in the document comes to pass
  • The death of the principal or agent

A principal can choose terms of expiration for the POA. 

What decisions can the agent with POA make?

The principal chooses the parameters of the agent’s authority. Frequently, the agent will perform routine financial tasks, such as paying bills. However, the principal can empower an agent to oversee finances as a steward, managing investments, making business decisions and even selling property. An agent operating under a healthcare POA can decide on a course of treatment for a principal’s injuries, illnesses or age-related issues.

Sarasota estate planning lawyer helps with power of attorney selection 

Each principal must decide how much authority to grant an agent based on their individual circumstances. The principal should be prudent in selecting the person to serve as an agent. That candidate should be mature, reasonable, available and able to put the good of the principal above their own personal considerations. 

Contact a Sarasota lawyer for assistance with a power of attorney

Teresa K. Bowman P.A., CELA in Sarasota and Osprey offers cogent advice and drafts power of attorney documents for Florida clients. To schedule a consultation regarding your particular situation, please call 941-735-0811 or contact me online.