We Put The “Power” In Power Of Attorney
Giving someone a Power of Attorney is an important decision that should not be taken lightly. . In Florida, a Durable Power of Attorney cannot be limited to use only in case of mental incapacitation. The Durable Power of Attorney is effective upon signing. In many ways it is a blank check that you are giving a trusted individual. It is important to discuss the consequences with a counseling oriented attorney.
Usually thinking about one’s incapacitation might seem grim. However, if it does happen, it’s best to be prepared. When you appoint a person as agent in a “Durable Power of Attorney”, you are trusting that person to make decisions for you. Although effective immediately, usually the Durable Power of Attorney is used in case you’re unable to make decisions because of illness, accident or absence. You can appoint virtually anyone as long as they are a trusted individual and willing to act on your behalf.
So why is it selecting a power of attorney so important? The consequences of not having a Durable Power of Attorney can also be difficult for a family. Usually if a Durable Power of Attorney is not in place, a Guardianship will need to be established if a person is mentally incapacitated. If you neglect appointing someone to act on your behalf in the event of your incapacitation, serious financial issues can arise. Bills can be left unpaid and your dependents may go indefinitely without the benefit of your financial support. It is very likely that your assets may even become frozen.
Do I need an attorney to appoint someone?
You may not need a lawyer to appoint someone. However we encourage having a legal professional look into your needs to keep you and your estate protected. A power of attorney is a very powerful tool, and providing someone with access to it can leave you defenseless if that person is chosen wrong. Our team can assist you in deciding whether you should appoint someone with unlimited power or restricted, which is vital.
Health Care Surrogate
In Florida, a power of attorney for medical decisions is known as a Health Care Surrogate. It is the document that names an agent to make health care decisions in the event that you are unable to make health care decisions for yourself.
Funeral Arrangements
You may not want to think about your funeral. But taking care of this arrangement can spare the pains of your loved ones making these decisions for you during troubling times.