Understanding and Establishing a Durable Power of Attorney in Florida

At Flores Gonzaga Law, we understand the importance of planning for the future, especially when it comes to managing your financial and legal affairs. A Durable Power of Attorney (DPOA) is a crucial legal document that ensures your affairs are handled according to your wishes. This guide provides essential information about establishing a Durable Power of Attorney in Florida and how we can assist you in this important process.

What is a Durable Power of Attorney?

A Durable Power of Attorney is a legal document that grants a trusted individual (known as an agent or attorney-in-fact) the authority to manage your financial, legal, and property affairs. The term "durable" means that the power of attorney remains in effect even if you become incapacitated.

Why is a Durable Power of Attorney Important?

Continued Management of Affairs: A DPOA ensures that your financial and legal matters are managed without interruption if you become incapacitated.



• Avoidance of Guardianship: Establishing a DPOA can prevent the need for court-appointed guardianship, which can be costly and time-consuming.
• Control Over Who Manages Your Affairs: You have the ability to choose a trusted individual to act on your behalf, ensuring that your affairs are handled by someone who understands and respects your wishes.
• Peace of Mind: Knowing that your affairs will be managed according to your instructions provides peace of mind for you and your loved ones.

Creating a Durable Power of Attorney in Florida

1. Choose Your Agent: Select a trusted individual who is responsible, reliable, and understands your wishes. This person will have significant control over your affairs, so choose someone you trust implicitly.
2. Draft the Document: The DPOA document must be drafted in accordance with Florida law. It should clearly outline the powers granted to the agent and specify that the authority continues if you become incapacitated.
3. Specify Powers Granted: Be explicit about the powers you are granting to your agent. Common powers include managing bank accounts, paying bills, making investment decisions, handling real estate transactions, and dealing with legal matters.
4. Execution Requirements: In Florida, the DPOA must be signed by the principal (you) and two witnesses. Additionally, the document must be notarized. The witnesses cannot be your agent or a potential heir.
5. Store the Document Safely: Keep the original DPOA document in a secure place. Provide copies to your agent, your attorney, and other relevant parties.
6. Revocation or Amendment: If you need to revoke or amend your DPOA, you must do so in writing and distribute the revocation or amendment to your agent and any institutions that have the original document.



How We Can Help

At Flores Gonzaga Law, we are dedicated to helping you establish a Durable Power of Attorney that meets your specific needs and complies with Florida law. Our services include:



• Personalized Consultation: We offer a thorough consultation to understand your situation and discuss your goals and preferences for your DPOA.
• Document Preparation: We assist in drafting a comprehensive DPOA that clearly outlines the powers granted to your agent and ensures all legal requirements are met.
• Execution Assistance: We help coordinate the proper execution of the document, including arranging for witnesses and notarization.
• Legal Advice: We provide legal advice to ensure you understand the implications of your DPOA and make informed decisions.
• Updates and Amendments: Life circumstances can change, and we are here to assist you in updating or amending your DPOA as needed.

Conclusion

A Durable Power of Attorney is a vital component of your estate planning that ensures your affairs are managed according to your wishes if you become incapacitated. At Flores Gonzaga Law, we are committed to guiding you through the process with professionalism and care. If you are considering establishing a Durable Power of Attorney, contact us today to schedule your consultation and take the first step in securing your financial and legal future.