Longwood Power of Attorney Lawyers

Protect Your Wishes with a Power of Attorney: (407) 439-2822

Even if you are healthy and well at the time you create your estate plan, it is important to consider the possibility of a serious accident or health emergency leaving you incapacitated. Naming a power of attorney gives one person (known as the agent) the power to act on your behalf should you become unable to make decisions regarding your own life.

At Levy & Associates P.A., we can help guide you through the process of naming a power of attorney. Our lawyers for powers of attorney can explain your various options.

What is a Power of Attorney?

A power of attorney (POA) is a document that gifts authority to another person. The creator of the power of attorney, or "principal," allows a named "agent" to act on the principal's behalf. The principal can choose exactly what types of decisions the agent can make based on the type of power of attorney established.

Power of attorney documents are intended to help the principal should they become unable to make decisions in some or all areas of their life. Without a power of attorney, decisions about one's medical care or finances could be left in unfamiliar hands.

Financial vs. Healthcare Power of Attorney

As mentioned, there are a number of types of power of attorney documents. These documents grant different rights and different levels of control to the agent. Contact Levy & Associates, PA at (407) 439-2822 for assistance today.

Duration and Termination of a Power of Attorney

Those creating powers of attorney should also consider how long the power of attorney will be in effect. A non-durable power of attorney is limited and only goes into effect if you become incapacitated. A durable power of attorney remains in effect.

In general, a power of attorney will terminate under the following circumstances:

• The death of the principal
• The revocation of the power of attorney by the principal
• The expiration or completion of the terms of the document

Courts can also make the decision to terminate a power of attorney if you as the principal are incapacitated and did not establish your wish to continue the power of attorney.

Requirements for a Power of Attorney in Florida

In the state of Florida, a power of attorney is only valid if it is signed by the principal and two witnesses to their signature. A notary must also validate the principal's signature. Exceptions to this exist for military powers of attorney as well as powers of attorney established in another state.

While a power of attorney created out of state is exempt from the notary requirement, it will still be subject to Florida's estate laws. Powers of attorney that cover real estate transactions can further complicate matters, as real estate in Florida is subject to specific laws.