Durable Powers of Attorney

Florida Durable Powers of Attorney

A Florida Durable Power of Attorney is an important portion of a Florida Estate Plan. Our Durable Power of Attorney Lawyers provide Florida residents located anywhere in the state with information on the variations of powers that can be granted under these documents.

A Florida Durable Power of Attorney allows your agent to act on your behalf when you specify. In the past, Florida permitted two types of Durable Powers of Attorney.  The first type became effective upon signing or execution and the second type became effective only upon a subsequent incapacity. Both types of Florida Durable Powers of Attorney will survive incapacity and remain in effect when you are deemed unable to manage your own affairs by a court or two doctors determine you are unable to make decisions.

Recently Florida laws changed and the springing powers of attorney which were created in the past are still valid, but no new springing durable powers of attorney are valid.  A durable power of attorney is a very powerful document and should be created with special care to grant the proper set of powers and contain pertinent restrictions to protect you and your assets from abuse.

We permit our clients to escrow their durable powers of attorney so that they are only released in the event a court orders them incapacitated, two doctors determine they are unable to make sound financial decisions or the client requests the document to be released.

The Florida Durable Power of Attorney is a key component in proper Florida Estate Planning.. The variety used by our Estate Planning Attorneys includes many provisions that are not found in older documents. If you have a Power of Attorney from another state you should have it updated to take advantage of the provisions included in the Florida Statutes. Often we find that people have documents that are not properly recognized by banks, the IRS, insurance companies, and the government. Without the proper provisions, you cannot enforce their powers.

Because these documents are so powerful, it may be necessary to file a Revocation in the county court records to make stop the use once implemented. To discuss the different options available to you are a resident of Florida please contact a Florida Durable Power of Attorney.

If you need help deciding which type of Power of Attorney you need, you should contact a Florida Power of Attorney Lawyer. Law Office of David M. Goldman can provide the guidance you need to make the right decision for your individual set of circumstances.


Florida Estate Planning Lawyer Blog - Durable Power of Attorney