What does a durable power of attorney allow you to do in Florida?
In Florida, a power of attorney must be signed before two witnesses and a notary public to be considered a legal, binding document. Again, a durable power of attorney lets someone act on your behalf if you cannot due to mental incapacity.
What is the difference between a POA and a durable POA?
A general power of attorney ends the moment you become incapacitated. A durable power of attorney stays effective until the principle dies or until they act to revoke the power they’ve granted to their agent.
What does it mean for a POA to be durable?
A Durable Power of Attorney for Health Care is a document whereby a person designates another to be able to make health care decisions if he or she is unable to make those decisions for him- or herself. A Power of Attorney can be drafted to give these same powers so there is not much difference.
How long does a durable power of attorney last in Florida?
One question we often get is, “When does a power of attorney expire?” The answers largely depends on how the power of attorney is drafted. But as a general rule, a durable power of attorney does not have a fixed expiration date.
Does a durable power of attorney have to be recorded in Florida?
A Power of Attorney, like a Trust, does not need to be registered or recorded in the public records in order to be effective. It does have to be in writing, signed, witnessed and notarized.
What is included in a durable power of attorney?
A Durable Power of Attorney for Health Care is a document that lets you name someone else to make decisions about your health care in case you are not able to make those decisions yourself. It gives that person (called your agent) instructions about the kinds of medical treatment you want.
Is a durable power of attorney the same as a will?
A Durable Power of Attorney and a Will While a power of attorney allows a person to appoint an agent to administer to their needs while they are still alive, the durable power of attorney ceases upon the death of the individual. This is when a will is needed.