Tampa Bay Power Of Attorney Lawyers
Creating one or more powers of attorney is crucial to a sound estate plan. These documents authorize your chosen agents to take certain steps on your behalf if you become incapacitated.
For those interested in a power of attorney in Tampa Bay, Florida, Lins Law Group, P.A., can help set up the proper documentation. As a dedicated father-and-son team of estate planning lawyers with more than 50 years of combined experience, our lawyers will provide the guidance you need to create a power of attorney that reflects your wishes and protects your interests.
Types Of Florida Powers Of Attorney
There are several different powers of attorney that can meet your needs. Examples include:
- Medical: Making medical decisions after incapacitation
- Legal: Taking important legal steps, such as filing documents or signing contracts
- Financial: Accessing bank accounts, paying taxes and handling property
- Durable: Remaining valid even after the principal becomes incapacitated
- Springing: Becoming effective when a specific event occurs, such as a physician certifying incapacity
When you discuss your estate planning concerns with the firm, our lawyers will assess your situation and help you select the powers of attorney that best align with your family, lifestyle and long-term goals.
How Does A Florida Medical Power Of Attorney Work?
In Florida, a medical power of attorney (MPOA) allows you to appoint someone you trust to make healthcare decisions for you if you become unable to communicate those decisions yourself. Your “agent” may speak with doctors, review medical information, and consent to or refuse treatment on your behalf – but only within the authority you provide in the legal document.
Your agent is expected to act in your best interests and last wishes. If you give consent, they can retrieve your medical records and help manage your care. However, an MPOA does not allow them to manage your finances, change your estate plan or sign documents unrelated to healthcare.
What Is A Florida Durable Power Of Attorney?
A durable power of attorney (DPOA) in Florida is an estate planning document that allows you, as “the principal,” to appoint an agent to handle your financial and legal matters without court intervention. Florida law (Statute 709) allows for a DPOA to be effective right away or at a future date, depending on how it is written.
A DPOA can give your agent authority to pay bills, manage bank accounts, handle taxes, buy or sell real estate property, manage investments, and carry out other financial or legal tasks depending on the powers you include. However, a DPOA does not allow your agent to change your will, vote in an election on your behalf, or make healthcare decisions unless a separate healthcare directive gives that specific authority.
Because Florida law is strict about special powers, certain actions may require express authorization, such as creating or changing beneficiary designations, making gifts and handling rights of survivorship, depending on the document and circumstances.
Who Can Serve As A Power Of Attorney Agent?
Any competent adult in Florida may serve as your agent, but the key consideration is trust. You should choose someone who understands your wishes, is able and willing to serve and can manage the many responsibilities involved. The authority you give them depends on the type of power of attorney you create. One person can handle both financial and medical matters, or you can appoint different agents for each.
When you grant broad authority over many aspects of your affairs, it is considered a general power of attorney. When authority is limited to a specific task, it becomes a limited power of attorney.
Creating Powers Of Attorney In Florida
The first step is to draft POA documentation identifying the agent and outlining what responsibilities they will have. Next, the principal must sign the document in front of two disinterested witnesses and have it notarized. It is also important to make sure the POA complies with Florida law to ensure it is valid and enforceable.
Protecting What Matters Most – Call The Firm For A Free Consultation.
As with all Florida estate planning documents, you should create your POA while you have sound testamentary capacity. Contact our lawyers’ Tampa Bay office today at 813-280-0082 or use the online contact form to schedule your free initial consultation with them.