Estate Planning And Powers Of Attorney
Many people think of estate planning in terms of inheritance and distributing property. However, this is only part of the value of creating an estate plan. A plan can also act like an insurance policy. You can appoint someone to act as a power of attorney, in the event you become incapacitated and can no longer make medical or financial decisions on your own.
In fact, a valid power of attorney will preclude tens of thousands of dollars that would be spent to petition courts to make decisions for you. Again, the kindest thing you can do for your loved ones is to plan in advance for an emergency so they can tend to you in an incapacitated state.
Why Name A Power Of Attorney?
You probably never sit back and think that everything you take for granted could become out of reach. Unfortunately, the unexpected can happen. Our lawyer helps clients think beyond today and prepare for the possibility of a debilitating accident or illness. We are highly compassionate when helping clients work past emotional hurdles to establish a plan.
A power of attorney permits the person you name to make financial and medical decisions on your behalf without court involvement. This saves your family tremendous amounts of stress and time trying to discern what you would want.
You can also name someone under a limited power of attorney. This person would be responsible for making decisions for a limited amount of time, for example, to complete a real estate closing taking place during a surgical procedure.
Common Types Of Power Of Attorney In Florida
Florida law recognizes several types of power of attorney. Each one serves a distinct purpose, and selecting the right one matters. Here is an overview of the most common options:
- General power of attorney: Grants your agent broad authority over your financial and legal affairs
- Durable power of attorney: Remains in effect if you become incapacitated, making it a foundational estate planning tool
- Limited power of attorney: Covers a specific task or period of time and is also known as a special power of attorney
- Healthcare surrogate designation: Designates someone to make medical decisions for you when you cannot do so yourself
Understanding the differences between these options is the first step toward choosing the right one for your needs. Our team will help you determine which option fits your situation. The Law Office of Nicole C. Morris, P.A., takes a direct, personalized approach with every client and will be straightforward with you about what to realistically expect from your plan.
Can A Power Of Attorney Be Revoked In Florida?
You can revoke a power of attorney in Florida at any time, as long as you remain mentally competent. Florida law requires you to sign a written revocation, have it witnessed by two people and notarized, and then deliver it to your agent to make it valid. If you used the power of attorney in a real estate transaction, you must also record the revocation with the county clerk.
You should notify any institutions that relied on the original document, such as banks or medical providers. Acting quickly after your decision also matters, as delays create a window where your agent may still take authorized actions. Florida law automatically revokes a spouse’s authority under a power of attorney once a divorce is finalized, which is a detail many people overlook. Our attorneys will walk you through every step to ensure your revocation holds full legal weight.
All powers of attorney automatically end when you pass away, regardless of type. After death, your estate is managed by the personal representative named in your will or appointed by the court.
Delivering Unwavering Support To Power Of Attorney Abuse Victims
Unfortunately, valuable steps you took to protect yourself or your loved one could have an adverse effect. Have you become suspicious about your loved one’s attorney in fact? Do you think your loved one may have been exploited? The person trusted to act in your loved one’s best interests may be abusing his or her powers. This is unacceptable. The Law Office of Nicole C. Morris, P.A., has extensive experience handling disputes in estate litigation. We will go above and beyond to resolve the situation.
Contact Our Estate Planning Lawyer For The Experience You Deserve
Nothing is more important than making sure you and your loved ones are protected. You can email us or call 561-659-7790 to schedule an initial consultation with our attorney.
We serve the Palm Beach Gardens area, as well as families with loved ones in Florida.