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Recent Updates:
Durable Power of Attorney
Probate ♦ Guardianship ♦ Estate Planning ♦ Wills ♦ Trusts ♦ Durable Power of Attorney ♦ Health Care Surrogacy ♦ Living Wills
In general, someone has the "power of attorney" when they are authorized to legally act on someone else's behalf. They can make legal decisions for them if they become incapacitated and cannot do it themselves. In estate planning, the more specific "durable power of attorney" is a special provision to this arrangement. A probate attorney at the Coye Law Firm can discuss with you when durable of attorney is needed, along with the legal process for appointing one.
What is durable power of attorney?
There are three types of power of attorney typically used in Florida. Limited, general, and durable powers of attorney grant someone specific responsibilities when acting on another's behalf. The document, itself called the "power of attorney," must define the scope and duration of these powers.
Durable power of attorney is the category granting the most power to another person. Typically, the limited and general powers of attorney become ineffective if the person who granted them becomes incapacitated. Durable power of attorney, however, includes a provision saying that the person chosen still has legal responsibilities. This is important in estate planning because the person chosen may carry out a living will if one is present and they are also granted health care surrogacy. Once the person dies, the durable power of attorney is revoked.
How do I appoint someone to have durable power of attorney?
The document granting someone legal rights can be created by a probate laywer. Some of the most important aspects, including duties and length of the power, can be explicitly written to make sure that your legal rights will be exercised in a specific way. Health care surrogacy can be designated in conjunction with the power of attorney form.
The following form may not exactly resemble the one you attorney files for you. However, they can let you know what information you should be ready to provide.
Granting someone power over your legal rights is not a decision to take lightly. To explore the possible options and draft a document with definitive language explaining your wishes and needs, contact an experienced estate planning attorney at the Coye Law Firm today.
