St. Petersburg Power of Attorney
A Florida power of attorney (POA) allows you, known as the principal, to designate another person, known as the agent, to make decisions on your behalf in the event that you are unable to. Powers of attorneys in Florida are mainly used for financial transactions. If you would also like someone else to make medical decisions on your behalf, you can also designate a health care surrogate. There are different types of powers of attorneys, and certain requirements must be met in order for them to be considered legal. Below, our St. Petersburg power of attorney team explains what these are.
Types of Powers of Attorneys
The type of power of attorney you choose to create will depend on your specific needs. The authority of your agent can be very specific, or more general in nature. The following powers of attorneys you can create in Florida are as follows:
- Durable power of attorney: A durable power of attorney allows your agent to make decisions on your behalf in the event that you ever become incapacitated. A durable power of attorney must include very specific language, so it is important to speak with an attorney who will know what this is.
- General power of attorney: Your agent will have authority to make decisions on a broad number of issues including buying or selling real estate, banking, dealing with the government, and more.
- Special or limited power of attorney: If you only want your agent to have authority for a specific purpose or for a limited period of time, you can create a special or limited power of attorney. For example, if you are traveling outside of the country, you can appoint a limited power of attorney to complete a real estate transaction for you.
Contrary to what many people think, Florida law no longer provides for a springing power of attorney. This type of power of attorney gave an agent authority as soon as the principal became incapacitated. This law was eliminated in 2011, however, and today, powers of attorneys are effective immediately.
Power of Attorney Requirements
To create a power of attorney, you must have legal capacity. This means that you must fully understand that you are executing a power of attorney and the authority you are providing an agent.
You must sign your power of attorney and have two witnesses sign it, as well. All signatories must sign the document in the presence of a notary. This requirement often gets overlooked, but it is the only way to make sure your power of attorney is valid and legal.
Call a St. Petersburg Lawyer For Help With Power of Attorney
The above is a very brief overview of powers of attorneys in Florida. David Toback is a St. Petersburg power of attorney lawyer who can further explain the type of authority you can give your agent, and how to choose someone who will always act in your best interests. Call us now at 813-252-7529 or contact us online to schedule a consultation and to learn more.