What Does It Mean to Give Someone "Power of Attorney"?
- Limited Power of Attorney
- General Power of Attorney
- Durable Power of Attorney
Each of these 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. Once a POA is issued and enacted, it becomes effective immediately rather than relying on a “triggering event” such as incapacitation.
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 can discuss with you when durable power of attorney is needed, along with the legal process for appointing one.
What Are My Rights and Duties as an Agent?Florida 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:
1) Act only within powers granted to them.
The agent must act in “good faith” on behalf of the principal’s best interest, and must attempt to follow the principal’s plans and wishes as best known to them.
2) Act loyally on behalf of the principal, without creating a conflict of interest.
The agent must act with care and diligence. The agent especially should cooperate with anyone who has authority to make health care decisions for the principal in order to carry out the principal’s wishes as best they can.
3) Record receipts, disbursements, and transactions made on behalf of the principal.
The agent cannot delegate authority to a third person unless the principal has agreed. The agent must also maintain an accurate inventory when accessing the principal’s safe deposit box, if the POA allows the agent access to it.
An agent also has rights when they are designated with a principal's POA. These include to:
- Not be held responsible for any decline in the value of the principal’s property, as long as the agent hasn’t committed any breach of duty.
- Keep receipts, inventories, and other documentation private unless ordered by a court or requested by the principal or another agent of the principal.
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 can aid agents, principals, or both in understanding the rights and responsibilities associated with power of attorney laws.
How do I Appoint Someone a Power of Attorney?
The 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. Even health care surrogacy can be designated in conjunction with the power of attorney form.
Click here for a sample POA form. This 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 what you should be considering with a POA, including:
- The type of power of attorney you’d like to designate to an agent.
- How long the agent will retain this power.
- Under what circumstances they will retain it.
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 today.
The expert estate planning attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help.