A tremendous amount of questions have been asked about what it means to have “power of attorney” and to what are the boundaries someone has when given this power. Generally, the power is given to someone, called an “agent,” and most often they are given this power through a legal document, to act on a person’s behalf, called the “principal.”

There are 2 types of powers of attorney—the durable and the non-durable. A durable power is one that stays in place if the principal becomes incapacitated through illness or infirmity, whereas a non-durable power of attorney dissolves upon the principal becoming incapacitated. In order for a power of attorney to remain intact following the principal’s incapacity, the language in the power of attorney document must clearly state that the agent’s power of attorney survives the principal’s incapacity.

Powers of attorney are employed in a variety of situations—for example, if someone is going to be out of the country for an extended period of time, they might give power of an attorney to someone they trust to take care of business or personal matters while they are gone. Or if someone is in jail, they might give another person power of attorney to handle their affairs while they are incarcerated.

As of October 1st 2011 Florida enacted new laws regarding Powers of Attorney which require that the agent and 2 subscribing witnesses sign the power of attorney form. This does not mean that a power of attorney made prior to this law is void, rather that any power of attorney made since October 1, 2011 must follow the current law. An agent is required to act in the principal’s best interest, must act in good faith, be loyal to the principal, and cannot exceed the duties as set forth in the power of attorney document. If an agent is found to be derelict of their duty, they could be held liable for damages and costs to the principal or the principal’s successor interests.

If you need a Durable or Non-Durable power of attorney, call us. We will review your needs and determine which type of Power of Attorney you might need, as well as, tailor to Power of Attorney according to your specific needs.

Can I do a Power of Attorney if the person is not available?

No. In order for us to do a Power of Attorney we must have the person giving the power physically present in our office or in a place we can go see them and have the document notarized (like in jail or in the hospital).

And, the person must be competent.