Yes — even if you already have a will, it’s highly recommended to also have a Durable Power of Attorney (DPOA) in place. While your will outlines how your assets should be handled after your passing, a durable power of attorney takes care of matters while you’re still alive, especially if you become incapacitated.
Let’s break down why both documents play important roles in your estate plan.
Wills vs. Durable Power of Attorney: What’s the Difference?
It’s important to understand that a will and a durable power of attorney serve entirely different purposes:
- Will: Becomes effective after your death. It directs how your assets will be distributed and may name guardians for minor children.
- Durable Power of Attorney: Remains effective during your lifetime, allowing someone you trust to manage your financial and legal affairs if you’re ever unable to do so.
Planning for Incapacity: Why a DPOA Matters
Life is unpredictable. Accidents, illness, or age-related decline can impair your ability to make decisions. Without a DPOA, your loved ones could face a costly and time-consuming guardianship proceeding to gain legal authority over your affairs.
With a durable power of attorney in place:
- You choose who makes decisions for you.
- You avoid court delays and preserve your privacy.
- Your financial and legal matters can continue without disruption.
What Powers Can a Durable Power of Attorney Include?
Depending on how it’s drafted, your DPOA may grant your agent the authority to:
- Manage bank accounts and investments
- Pay bills and handle taxes
- Buy, sell, or manage real estate
- Apply for Medicaid or other benefits
- Handle legal disputes or sign contracts
When Should You Update Your DPOA?
It’s wise to review and potentially revise your DPOA when:
- You move to or from Florida
- You get married, divorced, or remarried
- Your health or financial situation changes
- Your named agent becomes unavailable or passes away
Common Misconceptions About Durable Power of Attorney
Let’s clear up a few myths:
- “My spouse can just handle things.”
Not always—banks and institutions often require legal documentation. - “It’s only for seniors.”
Anyone can become incapacitated at any time due to illness or accident. - “Once I sign it, I lose control.”
Not true. A DPOA doesn’t take away your authority—you retain full control unless you become unable to act.
Is a Durable Power of Attorney Legally Valid in Florida?
Yes—but only if it includes specific statutory language indicating that it remains in effect during incapacity. Florida law also requires the document to be signed in the presence of two witnesses and a notary public.
That’s why working with a Florida estate planning attorney is critical.
✅ Secure Your Future with a Durable Power of Attorney in Florida
Don’t leave your future to chance. Empower someone you trust to act on your behalf when you need it most. Whether you’re just starting your estate plan or updating an existing one, Michael T. Heider, P.A. is here to guide you every step of the way.
⚖️ Consult a Trusted Florida Probate Attorney
At Michael T. Heider, P.A., we specialize in crafting Florida-compliant estate plans that provide peace of mind for you and your loved ones.
We’ll help you:
- Draft a personalized durable power of attorney
- Review your existing will or estate plan
- Ensure all documents are up to date and legally sound
📞 Call 727-235-6005 today to schedule a consultation with our experienced legal team.