Power of Attorney (POA) is a legal document delegating authority.

Powers of Attorney can be limited or broad. A limited POA can be executed to grant the authority to sell a car or a home or some other specific act. A general POA can be executed to grant Broad authority to act in most aspects of one’s financial matters. A Medical or Healthcare POA typically grants authority to act in all aspects of medical and healthcare.

The “Durable” power of attorney indicates that the authority granted in the document survives the incapacity of the principal. This means that if the person granting authority becomes incapacitated, the document is still valid, and the agent retains the ability to act on behalf of the principal. If the power of attorney is “non durable”, the authority ends when the principal becomes incapacitated.

In Florida the POA is a “fiduciary” under the law. A fiduciary relationship is one of trust. If the agent violates this trust, the law may punish the agent both civilly and criminally.

A valid durable POA executed before the principal became incapacitated avoids guardianship proceedings.

POAs created in other states are subject to Florida’s Power of Attorney Act and other state laws. POA created by preprinted forms typically fail to provide the protection or authority desired.

Authority granted in a POA ends when the principal dies or when the authority is otherwise terminated by the terms of the document or an order of the court. Authority ends with revocation by principal and
resignation by agent.

REVOCATION

The Power of Attorney can be revoked at any time by the principal. The revocation must be in writing and is required to be executed with the same formalities as the original power of attorney document and the agent
must receive notice. 709.2110 Florida Statutes.

RESIGNATION

A person named as Power of Attorney may resign at any time. The Resignation must be in writing and Notice must be given to the principal. 709.2118 Florida Statutes.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.