Power of Attorney
A Power of attorney is established in a legal document created by a professional such as an estate planning lawyer. In this document, authority will be delegated from one person (the "principal") to another (the "agent"), specifying a person's right to act on the maker's behalf should the need arise. Within the legal power of attorney document, you can specifically address how you would like your affairs to be handled when you are no longer around or when you are no longer capable of making decisions on your own accord. When creating the document, you can be as broad or specific as you like as long as you keep in mind that the terms and conditions established in a power of attorney agreement will be followed to a tee. Therefore, the more details you provide, the more confident you can be that any situation will be carried out exactly as you would wish it to be.
In addition to the lawyer who drafts your power of attorney document, you will also need two witnesses, a notary, and the signature of the principal. If these conditions are not met, the document will not be considered valid under Florida state law. The best way to ensure that every condition is fulfilled in the process of declaring a power of attorney and drafting the necessary document is by employing the legal services provided at my office. I strive to provide all clients with personalized attention and am readily accessible to answer all questions regarding the unique facts and circumstances of their estate planning case.
Power of Attorney: Types
There are several types of power of attorney that may apply to your specific situation, and I am here to assist you with any of the following:
General Power of Attorney
When a general power of attorney is assigned, the agent named in the document will typically be given a broad range of powers that can be performed on behalf of the principal who created the document. When general power of attorney is established, the types of activities permitted to be performed will need to be included in the document.
Limited Power of Attorney
Under limited power of attorney, an agent is given the authority to conduct a very specific act, i.e. selling the principal's car or something to that extent. Limited power of attorney is sometimes used to allow an act to be carried out on behalf of a principal who is out of state.
Durable Power of Attorney
In most situations, powers of attorney automatically terminate upon death of the principal. However, durable power of attorney allows for the document's stipulations to remain in effect even after incapacitation of the principal. Almost all powers of attorney drafted in today's society are durable.
Creating a Power of Attorney Document
If you are interested in creating a power of attorney of any kind, I may be able to help. My goal is to provide the highest quality of legal services in a way that will be most conducive to your unique situation. When you choose my office to represent your case, a personalized plan will be devised that meets the specific needs of your situation. My goal is to take advantage of ongoing change and make it work for the best possible outcome in your situation. As you attempt to create a power of attorney, you should not do so without legal representation on which you can rely. Therefore, I encourage you to utilize my services at your earliest convenience.