The Villages Power of Attorney
A power of attorney in Florida is a legal document that provides another person with the authority to take certain actions on someone else’s behalf. A power of attorney can give someone the power to decide on financial, legal, and medical issues. There are many different types of powers of attorney and the one used will depend on the circumstances and a person’s needs. Below, our The Villages POA lawyer explains the different types and how to obtain this form of legal protection.
Durable Power of Attorney
A durable power of attorney provides that the authority given to the attorney-in-fact is effective if the principal, or person who drafted the legal document, regardless of incapacitation. Florida law places strict requirements on durable powers of attorney and they are as follows:
- The document must be in writing
- The durable power of attorney must meet the same requirements for the conveyance of real property
- The durable power of attorney must contain certain language that establish the intent of the principal is to confer authority regardless of incapacity
The majority of powers of attorney in Florida are durable.
General Power of Attorney
A general power of attorney typically outlines a list of actions the attorney-in-fact has the authority to perform on the principal’s behalf. Without this restriction, the attorney-in-fact would be left to their own discretion to take any legal action on behalf of the principal relating to the list of permitted activities.
Limited Power of Attorney
As its name suggests, a limited power of attorney provides the attorney-in-fact with the authority to take very limited actions on the principal’s behalf. For example, if a principal is traveling out of the country but must still maintain their rental property, a limited power of attorney can give the power-of-attorney the authority to perform this task.
Are There Any Limitations to a Power of Attorney in Florida?
Powers of attorney can provide a great deal of protection. However, this does not mean they are without their limitations. If the attorney-in-fact changes the agreement or violates their fiduciary duty, they can be held liable for negligence or fraud. An attorney-in-fact also cannot transfer the authority to another person. After the principal’s death, the power-of-attorney is also no longer effective. If you are interested in drafting a power of attorney, or you believe an attorney-in-fact abused their power, it is critical to speak to an attorney who can advise on your case.
Call Our POA Lawyer in The Villages Today
A power of attorney is an important document that can ensure your best interests are protected even if you cannot protect them yourself. At William Rambaum, P.A., our The Villages POA lawyer can review the facts of your case, help you determine which type of document you need, and draft it to ensure it is enforceable by the courts. Call us now at 727-781-5357 or contact us online to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.
