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A power of attorney (POA) gives someone authority to act on your behalf in specific situations. There are many financial, legal, and medical reasons where creating a POA is beneficial, either for temporary or ongoing purposes. Florida Statute 709 governs the legal parameters for creating and maintaining a POA. These documents are often misunderstood by those who make them and those acting under a POA’s authority. We answer some of the most common questions about creating powers of attorney below: 

When Do You Need a Power of Attorney? 

You need a POA whenever you want another person to act on your behalf in legal and financial matters. POAs are commonly created so that someone can act on behalf of a person who may be suffering from a serious illness, have a debilitating injury, or be incapacitated. A temporary POA may also be utilized when you cannot appear in person to perform specific tasks. POAs can grant someone (called the agent) authority to perform a wide range of tasks on your behalf, from signing a contract to making medical decisions. POAs must be created and validated while you are mentally competent and of sound mind, so don’t wait to create these types of documents. 

What Are the 4 Types of Power of Attorney? 

There are several types of powers of attorney. POAs can be broad or narrow in scope and can be in place for a short duration or indefinitely. Here are the most common types of power of attorney: 

Durable 

A durable POA stays in effect if you become incapacitated or unconscious, making it an essential part of your living will or estate plan. 

Limited 

A Limited POA is only valid for a distinct time frame or until a specific action is completed, such as signing a contract or accessing a savings account. The POA expires once the date passes or the required task is completed. 

Healthcare / Medical 

You may want to make a medical POA if you become seriously injured and incapacitated so that someone can make medical decisions for you. 

Real Estate 

A real estate POA is a type of limited POA that gives someone (such as a real estate agent) the authority to perform tasks related to buying or selling real estate if you cannot do them in person. 

Who Can Override a Power of Attorney in FL? 

A POA legally takes precedence over the wishes of a spouse, family, or children. The only person who can override a POA is the principal (the person who created the POA), as long as they are mentally competent and of sound mind. If the principal is mentally incapacitated, a court order could override a POA if there are claims of abuse, neglect, or misuse of funds. 

How Can You Get a POA for an Elderly Parent in Florida? 

An adult child cannot initiate a power of attorney for their parent. A POA is something the parent must actively and voluntarily create when they are of sound mind at the time of signing. This means the parent must understand the purpose of the document and the duties the POA would allow someone else to perform. 

What Does a POA Give You Authority Over? 

POAs allow an agent to perform specific tasks or have legal authority over certain aspects of your daily life, such as managing bank accounts, paying bills, and maintaining property. Agents have a fiduciary responsibility to act in good faith and in your best interest. Common types of tasks POAs provide authority for include: 

• Handling business transactions. 

• Managing financial accounts and investments. 

• Buying and selling real estate. 

• Maintaining a household and related activities, such as paying bills and HOA fees. 

What Are the Limitations of a POA? 

There are a few tasks that an agent acting under the authority of a POA cannot perform. These include: 

• Voting on behalf of the principal. 

• Signing affidavits or statements asserting the principal’s knowledge of something. 

• Creating or revoking a will. 

• Performing specialized services like practicing law or medical services in place of the principal. 

• Becoming a guardian or trustee of the principal. 

What Makes a POA Invalid? 

A POA is invalid if it doesn’t follow the legal requirements according to Florida law, including being signed and notarized. A POA may also be found invalid if it was created under false pretenses or under duress, or the principal wasn’t mentally sound at the time. A POA that makes your ex-spouse your agent is also considered invalid if you get divorced. 

How Do You Create a POA? 

POAs must be written and notarized, signed by both the principal and two witnesses. This document must clearly identify you (the principal), the agent, and the specific tasks and responsibilities delegated to the agent. For durable POAs in Florida, state law requires a statement or one with similar language to be included in all durable POAS: “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in Chapter 709, Florida Statutes.” 

Boutty Law Firm: Estate Planning Lawyer in Sanford, FL 

A POA that is carefully crafted can give you and your loved ones a greater sense of peace and security. A POA should be a valuable part of your estate plan. When you work with an established estate planning lawyer in Sanford, FL, we’ll help you develop a comprehensive estate plan that takes into account your preferences if you become incapacitated or unable to make decisions for yourself. Call our office today at 407-622-1395 or schedule a consultation online to get started crafting your estate plan to protect your family and your future.