Northwest Florida Attorney Law Advice
If you need someone to make decisions on your behalf, you will need Power of Attorney. Power of Attorney is a legal document that grants authority from one person (the “principal”) to another. Each state has specific laws pertaining to Power of Attorney. Therefore, for those who live in Florida, it is important to learn everything about Florida’s durable power of attorney law and understand what it entails.
About Power of Attorney
A power of attorney is created by a principal, who grants the attorney-in-fact (also known as the “agent”) authority to make choices and judgments on the principal’s behalf. For powers of attorney to be considered legal, they have to be in writing, and the principal should be an adult of sound mind. If the principal is mentally incapable due to injury, illness or any other cause, he or she is not legally allowed to grant power of attorney.
What is Durable Power of Attorney?
In Florida, durable power of attorney continues even after the principal becomes incapacitated. This means that an agent can continue exercising authority even if the principal dies. A durable power of attorney can only be given to a competent adult and signed in the presence of at least two witnesses. Non-durable Power of Attorney is the opposite of durable power of attorney, terminating as soon as the principal dies.
A durable power of attorney in Florida grants the agent authority over all health care decisions of the principal, with the exception of procedures that ensure the principal is comfortable and in no pain. Nevertheless, an agent does not hold power to authorize the cancellation of viable life-prolonging procedures for a pregnant woman after such procedures have been confirmed safe and possible.
A durable power of attorney is not a permanent document. It can be revoked at any time. The revocation can either be oral or in writing. Moreover, if the agent is the principal’s wife, a divorce terminates the power.
When writing a power of attorney, it is important for the principal to specify the limits of power that he or she grants to the agent. This is better than issuing a general power of attorney since it safeguards some of the principal’s interests. Search online to learn more about Florida’s durable power of attorney law.
Need a Northwest Florida Attorney? Contact John today.
Walton, Okaloosa, and Bay County Florida look to John F. Greene for his more than three decades of courtroom and legal advising experience. If you or loved one needs power of attorney, contact John online or call his office (850) 424-6833 for a legal consultation on matters like Power of Attorney and many others.