POWER OF ATTORNEY ​

Planning ahead is one of the most important steps you can take to protect yourself, your family, and your assets. In Florida, one of the most effective tools for planning is a Power of Attorney (POA)—a legal document that gives someone else the authority to act on your behalf.​

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What Is a Power of Attorney in Florida?

A Power of Attorney is a written legal document where the “principal” (you) appoints an “agent” or “attorney-in-fact” (a trusted individual) to act on your behalf in certain matters. These can include financial transactions, managing property, signing contracts, or handling business affairs.

• The powers you grant can be broad (general POA) or limited to specific tasks (special/limited POA).

• The POA only applies during your lifetime and ends at your death.

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What makes it Durable? ​​

Under Florida law, a Durable Power of Attorney (DPOA) remains effective even if you become incapacitated.

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This is the critical difference:

• A regular POA ends if you are deemed mentally incompetent or unable to make decisions.

• A DPOA continues, allowing your chosen agent to act on your behalf during incapacity—helping avoid costly and stressful guardianship proceedings. Florida requires that the document include specific statutory language (“This durable power of attorney is not terminated by subsequent incapacity of the principal…”) to qualify as durable.

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At Anastasiya Patel Law, we can draft this and have it within reach typically within a day or two! We also may travel to your home, care center or hospital within discretion. 

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Benefits of a Durable Power of Attorney in Florida

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1. Avoids Guardianship - Without a DPOA, if you become incapacitated, your family may have to go through a court process to have a guardian appointed to manage your affairs. This process is time-consuming, expensive, and emotionally difficult. A DPOA allows your chosen agent to step in immediately.

2. Gives You Control - You decide in advance who will make decisions for you, rather than leaving it up to a court. This ensures someone you trust—who understands your wishes—has legal authority to act.

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3. Flexibility and Convenience

Your agent can help you with a wide range of matters, such as:

• Paying bills and managing bank accounts

• Handling real estate or business transactions

• Applying for government benefits (Social Security, Medicare, VA benefits)

• Managing investments and insurance policies

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4. Immediate Help in Emergencies - If you are suddenly hospitalized, traveling, or otherwise unable to handle financial matters, your DPOA allows your agent to act without delay.

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5. Peace of Mind for You and Your Family - Knowing that a trusted person can step in when needed reduces uncertainty and stress for you and your loved ones.

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