Power of Attorney

A Power of Attorney (POA) is a document that authorizes another person—your “agent” or “attorney-in-fact”—to perform certain actions on your behalf. Florida does not recognize general statements as sufficient to grant power of attorney—you cannot simply write, “I give John full authority to act on my behalf in regard to any and all matters.” Instead, Florida law requires you specify what you authorize your agent to do for you, whether that be manage your finances, investments, real estate, taxes, or something else. Additionally, Florida requires special authorization for certain actions, like making gifts, disclaiming property, or setting up a trust, and the document must be appropriately witnessed and acknowledged before a notary. If the requirements are not followed, the document may be invalid, and this usually does not come to light until it is too late to fix it.

Depending on how the document is drafted, a Power of Attorney can be limited to specific actions, transactions, or timeframes, or it can grant broad authority to act on your behalf and remain in effect until you, the “principal,” become incapacitated (when you no longer have the ability to manage your affairs). However, while a regular Power of Attorney (sometimes referred to as a “limited” or “special” Power of Attorney) terminates when the principal becomes incapacitated, a Durable Power of Attorney (DPOA) will remain in effect. In order to be “durable,” a Power of Attorney needs particular language to indicate it remains in effect even after the principal loses capacity.

A Power of Attorney is one of the most powerful estate planning documents and can often help avoid a guardianship if drafted correctly. It is very important to carefully consider who you nominate as your agent and consult with a Gainesville power of attorney lawyer to determine your wishes are followed and the document is drafted and executed correctly.