Durable Power of Attorney
This document is also sometimes called a “POA”, “DPOA”, “Power of Attorney”, “Durable Power of Attorney or Financial Power of Attorney.
The Power of Attorney typically designates a person(s) to manage finances for you in the event you become incapacitated. This person is called “The agent”, “The attorney-in-fact”, “The Power of Attorney”
In most circumstances it is preferable that if you are incapacitated, this person has been granted the authority to pay bills, handle bank accounts, retirement accounts, buy or sell property, and otherwise take care of your affairs.
The person you designate to be your agent should be someone who you trust implicitly and who you would be comfortable with managing your money and affairs.
A Power of Attorney is called a “Durable” Power of Attorney when it is designed in such a way so that it can continue to be used even if the Principal (the person who signed it) becomes incapacitated. In Florida, a Power of Attorney ceases to be effective upon the death of the principal.
Our firm can help you plan for incapacity with a new durable power of attorney, update your current power of attorney to comply with the 2010 power of attorney statute overhaul, and we can also help you challenge a power of attorney if that person is not doing their job properly.