The person designating the power is called the “principal” and the person who is given the powers of attorney is known as the “agent.” In estate planning, the more specific "durable power of attorney" is a special provision where an agent continues to hold POA after the principal becomes incapacitated. 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.
Default Duties of An AgentFlorida State statute chapter 709.2114 lists the default duties of anyone assigned powers of attorney in the state of Florida. The law requires an agent to: An agent who is designated the principal’s powers of attorney does not have to accept the appointment. He or she may decline the responsibility if uncomfortable with exercising this power, or if there is a conflict of interest. An agent also has the right to:
The principal is allowed to designate co-agents and successors, divide powers of attorney amongst multiple people or institutions, and indicate who is to be “next in line” for those powers if the agent is unable or unwilling to accept them. Probate attorneys at the Coye Law Firm can aid agents, principals, or both in understanding the rights and responsibilities associated with power of attorney laws.
Durable Power of AttorneyDurable 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 agent may carry out a living will if the principal has one, and the agent is also granted health care surrogacy. Once the person dies, the durable power of attorney is revoked.
Appointing Power of AttorneyThe document granting someone legal rights can be created by a probate lawyer. Some of the most important aspects, including specific duties and length of the power, can be explicitly written to make sure that your legal rights will be exercised in a particular way. Health care surrogacy can be designated in conjunction with the power of attorney form.
The following form may not exactly resemble the one your attorney prepares for you. However, it can let you know what information you should be ready to provide and get you thinking about the type of power of attorney you’d like to designate to an agent, and for how long and under what circumstances they will retain this power
Florida Department of Revenue: Power of Attorney & Declaration of Representative
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.