The Law Office of Michael T. Heider, P.A. A Wills, Trusts, Estate And Elder Issues Practice

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The Law Office of Michael T. Heider, P.A. A Wills, Trusts, Estate And Elder Issues Practice
727-235-6005

Quality Florida Probate Services are our priority.

Drafting a Power of Attorney with a Trusted Lawyer in Florida: Secure Your Future with Confidence

Navigating the legal world of Power of Attorney (POA) in Florida can feel overwhelming, especially when you’re trying to do what’s best for a loved one or manage complex estate matters. At the law office of Michael T. Heider, P.A., located in Clearwater, we provide personalized probate and estate planning services with client-focused care. Whether you’re planning ahead or handling a crisis, working with a knowledgeable power of attorney (POA) lawyer in Florida ensures you have the legal guidance you need every step of the way.

What Is a Power of Attorney in Florida?

A Power of Attorney is a legal document that lets one person (the “principal”) authorize another individual (the “agent” or “attorney-in-fact”) to act on their behalf. This can involve managing finances, signing legal documents, or making healthcare decisions, depending on the type of POA granted.

There are several forms of POA in Florida, each tailored for different purposes. Let’s break them down:

Types of Power of Attorney in Florida

1. Durable Power of Attorney

A Durable Power of Attorney remains effective even if the principal becomes mentally incapacitated. This makes it an essential tool in long-term planning, especially for seniors or those with progressive medical conditions. Under Florida Statutes (§709.2104), for a POA to be considered “durable,” it must:

  • Be in writing
  • Be signed with the same formalities as a real estate conveyance (two witnesses and notarization)
  • Contain specific language such as: “This durable power of attorney is not affected by subsequent incapacity of the principal.”

Why it matters? A durable POA ensures your chosen agent can continue to act on your behalf even if you’re unable to make decisions yourself. If you’re seeking guidance, Michael T. Heider, P.A., a trusted Florida POA attorney, can ensure your documents are compliant and tailored to your needs.

2. General Power of Attorney

This form grants broad powers to your agent, allowing them to perform a wide range of legal and financial tasks on your behalf. However, it becomes invalid if you become incapacitated—unlike the durable version.

3. Limited (or Special) Power of Attorney

This type restricts the agent’s authority to a specific task, such as selling a vehicle or managing a real estate transaction while you’re out of the country. It’s a great option for temporary or well-defined needs.

When Does a Power of Attorney End?

In Florida, a Power of Attorney automatically terminates when:

  • The principal passes away
  • The principal revokes the POA
  • A court declares the principal incapacitated (if the POA isn’t durable)
  • The stated purpose is fulfilled
  • The document expires based on its own terms

Acting under a terminated POA is legally invalid and could result in serious consequences. Not sure about your POA’s status? Give us a call for guidance.

Legal Limits of a Power of Attorney

Even a valid POA has legal boundaries. An agent cannot:

  • Modify the POA terms
  • Delegate their authority to someone else
  • Act after the principal’s death
  • Violate their fiduciary duty

Failing to follow these rules can result in legal liability for fraud or negligence. That’s why working with an experienced Florida power of attorney is crucial to avoid potential pitfalls.

Signing Requirements for a POA in Florida

To be legally valid, a Florida POA must:

  • Be signed by the principal
  • Include signatures from two witnesses
  • Be notarized

There are some exceptions for military POAs or those created under different state laws, but generally, failing to meet these requirements can void the document.

As a certified CPA and attorney, we offer comprehensive estate planning and tax solutions in FL, ensuring everything is handled properly the first time.

Ready to Get Started?

Whether you’re updating your estate plan or handling a loved one’s affairs, we make the process simple and stress-free.

📞 Call 727-235-6005 today or schedule a free consultation to speak with a trusted power of attorney lawyer in Florida.

Let Michael T. Heider, P.A. help you protect your future with confidence. Your trusted Clearwater attorney for estate planning, probate, and POA matters is just a call away.