Why Every Florida Adult Needs This Critical Legal Tool
What happens if you’re alive but unable to manage your finances or legal affairs due to illness, injury, or cognitive decline? Without proper legal authorization, even your closest family members may be powerless to act on your behalf. That’s where a durable power of attorney (DPOA) comes in—it’s one of the most important documents in a Florida estate plan.
What Is a Durable Power of Attorney?
A durable power of attorney is a legal document that gives another person (your “agent” or “attorney-in-fact”) the authority to act on your behalf. “Durable” means the authority remains effective even if you become mentally incapacitated. This can be essential for paying bills, managing real estate, accessing bank accounts, filing taxes, or handling business affairs during a medical crisis or long-term decline.
In Florida, a DPOA must be signed with two witnesses and notarized. It becomes effective immediately upon signing—unlike some states that allow “springing” powers of attorney triggered by incapacity (which Florida law no longer recognizes).
What Powers Can Be Granted?
A DPOA can be broad or limited. Common powers include:
- Managing bank and investment accounts
- Buying or selling real estate
- Handling tax matters
- Applying for government benefits (Social Security, Medicare, Medicaid)
- Running a business
You can choose to grant only specific powers or provide comprehensive authority. Your attorney can help tailor the DPOA to your needs.
Why a Durable Power of Attorney Is So Important
Without a DPOA, your loved ones may have to go through a court proceeding to be appointed as your guardian if you become incapacitated. This can be time-consuming, expensive, and emotionally difficult. A DPOA avoids that outcome and ensures someone you trust is empowered to step in without delay.
When Should You Update Your DPOA?
You should review and update your DPOA if:
- You move to Florida from another state
- Your chosen agent is no longer available or trustworthy
- You’ve had major changes in your health or finances
- It’s been more than five years since your last update
Take Control of the “What Ifs”
Yelen Yelen & Simon, P.A. helps Florida residents prepare durable powers of attorney and other essential planning documents that protect their rights and their loved ones. Don’t leave critical decisions to chance—call (305) 445-3721 or visit https://www.yelen-yelen.com/contact/ to schedule your planning session today.