Powers of Attorney in Florida
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Advanced directives and powers of attorney are extremely useful legal tools 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’ll need the assistance of a knowledgeable and experienced attorney. At The Berman Law Group, we have helped many Floridians navigate the process of establishing a power of attorney. We look forward to putting our experience to work for you and your loved ones.
Call our Florida power of attorney lawyers at (800) 375-5555 or contact us online to schedule your free consultation. We have offices in Boca Raton, Deerfield Beach, Orlando, Stuart, and Gainesville.
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 inStatute 756 of the Florida legal code.
There are several types of advanced directives, but the most commonly used are:
- Living wills
- Healthcare surrogate designations
- Anatomical donations
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 thecorrect forms, which need to be witnessed by two individuals. One of the witnesses must not be a blood relative or spouse.
Power of Attorney
In the state of Florida, a power of attorney is a legal document that 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 inStatute 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 that may arise regarding a power of attorney.
It is possible that:
- A third-party will be reluctant or hesitant to follow the directives of the agent
- Multiple agents may be in disagreement
- Divorce 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 before acting.
If you are looking to grant powers of attorney or an advanced directive, you should seek legal counsel from a trusted estate planning lawyer in Florida. Call The Berman Law Group at (800) 375-5555 today.
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