There may eventually be situations, such as your own incapacity or some other circumstance, in which you would like a trusted person to have the ability to make decisions or take actions on your behalf. A Florida power of attorney allows you to create this arrangement by designating someone as your agent for general or specific purposes.
Under Florida law, an agent can be any person over 18 or a financial institution that does business in the state and is authorized to conduct trust business here. To be valid, the power of attorney (must be signed by the creator (known as the principal) and two witnesses, at the same time and in the presence of a notary public. (The notary can serve as one of the witnesses.)
In Florida, you can create the following types of power of attorney. The differences among them are mostly related to the scope of authority you give your agent:
It is important to see your estate planning attorney given the variety in powers of attorney so that you obtain the document that will serve you in time of need. Powers of attorney in Florida are primarily used for financial transactions for assets held outside of a trust. While a power of attorney can grant an agent the ability to make decisions regarding your health care, Florida offers a Designation of Health Care Surrogate document that is typically more suited for this purpose.
Bankier, Arlen & Snelling Law Group, PLLC in Delray Beach assists clients throughout Broward County and Palm Beach County with all aspects of estate planning, including creating powers of attorney that coordinate with your will, revocable trust and other estate planning documents. To arrange a consultation with one of our attorneys, please call M. Adam Bankier at 561-278-3110, Robert M. Arlen, Esq. at 561-279-1880 or Linda L. Snelling, Esq. at 561-501-7778 or contact us online today.