Durable Power of Attorney

Florida law allows you to grant another person great authority to act on your behalf as your legal agent.  This is usually done through a durable power of attorney.  Often a spouse, responsible adult child, trusted sibling, or trusted family friend, will be named to serve in this role. 

Although limited in effect by practical considerations, such as "staleness," statutory constraints, such as "The Patriot Act," and other circumstances, it is highly advisable for each adult to have a properly drawn durable power of attorney as an inexpensive substitute for a possible guardianship. 

Durable powers of attorney generally help more than they hurt in the planning process for a possible future disability. However, if your named attorney-in-fact proves to be untrustworthy, then you and the intended beneficiaries of your estate are at risk.

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