Advanced Directives and Power of Attorney

Advanced directives and power of attorney are an extremely useful legal tool to ensure your wishes are kept, even if you are incapacitated. If you are looking to grant powers of attorney or issue an advanced directive you need a knowledgeable and experienced attorney to guide you through the process. The Berman Law Group has built a reputation as fearless and indefatigable defenders of their client’s rights. With decades of experience, we have the knowledge and skill to help you in all of your legal needs.Advanced Directives and Power of Attorney

If you need an experienced attorney, call The Berman Law Group right now at (800) 375-5555 for a free consultation, where you’ll receive an honest and thorough evaluation of your situation from a member of our knowledgeable team.

What is an Advanced Directive?

An advanced directive, also known as an advanced medical directive, allows an individual to specify another person to make health care decisions for them in the event they are incapacitated or can’t make the decisions for themselves. The laws concerning these directives are enshrined in Statute 756 of the Florida legal code.

There are several types of advanced directives, but the most commonly used are:

  • Living will.
  • Healthcare surrogate designation.
  • Anatomical donation.

In the state of Florida, there is no legal requirement for an individual to complete an advanced directive. If you have not, however, elected to draft an advanced directive, decisions about your healthcare or organ donation may be made for you by a court-appointed guardian.

In order to file an advanced directive, an individual must fill out the correct forms, which need to witnessed by two individuals. One of the witnesses must not be a blood relative or spouse.

Power of Attorney

In the state of Florida, power of attorney is a legal document which authorizes an individual, referred to as an agent, or an attorney-in-fact, to handle business for another person, known as a principal. The powers granted can be broad or narrowly defined, depending upon the wishes of the principal.

The rules and regulations regarding the granting of power of attorney are enshrined in Statute 709.02, which states that:

“powers of appointment over any property, real, personal, intangible or mixed, may be released, in whole or in part, by a written instrument signed by the donee or donees of such powers. Such written releases shall be signed in the presence of two witnesses but need not be sealed, acknowledged or recorded in order to be valid, nor shall it be necessary to the validity of such releases for spouses of married donees to join such donees in the execution of releases, in whole or part, of powers of appointment.

Power of Attorney Issues

There are a variety of issues which may arise with granting powers of attorney. These reasons may include:

  • A third-party who is reluctant or hesitant to follow the directives of the agent.
  • Multiple agents in disagreement.
  • Divorce, which can terminate a power of attorney agreement.

For these reasons, it is crucial that if you are considering granting a power of attorney to someone, you should consult a knowledgeable attorney first, before acting.

Contact an Experienced Attorney Today

If you are looking to grant powers of attorney or an advanced directive, you should seek legal counsel right away. Make sure you get a trusted and experienced attorney who is willing to fight for your rights. Call The Berman Law Group right now at (800) 375-5555 for your free consultation.

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