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Deeb
Elder
Law,
P.A.
6675
13th
Ave
N,
Suite 2C
St.
Petersburg,
Florida
33710
Phone:
(727)
381-9800
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Fax:
(727)
381-1155
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A power
of
attorney
is a
legal
document
delegating
authority
from one
person
(the
principal)
to
another
(the
attorney-in-fact).
The
authority
given
can be
very
specific,
such as
selling
a house,
to very
broad,
such as
handling
any
legal
act that
the
principal
could
do.
What are
some
uses of
a power
of
attorney?
A power
of
attorney
can be
used to
give
another
the
right to
sell a
car,
home, or
other
property
in the
place of
the
principal.
It can
also
give the
attorney-in-fact
the
authority
to make
health
care
decisions,
handle
financial
transactions,
or sign
legal
documents
for the
principal.
What is
a
limited
power of
attorney
and
general
power of
attorney?"
A
limited
power of
attorney
gives
authority
to
conduct
a
specific
act such
as
selling
a car. A
general
power of
attorney
gives
the
attorney-in-fact
broad
powers
to
perform
any
legal
act on
behalf
of the
principal.
However,
both
limited
and
general
powers
of
attorney
terminate
if and
when the
principal
becomes
incapacitated.
What
makes a
durable
power of
attorney
different?
Because
many
people
want
someone
to act
on their
behalf
should
they
become
incapable,
Florida
law
provides
for a
special
power
called a
durable
power of
attorney.
This
document
remains
effective
even if
the
principal
becomes
incapacitated.
It is
when a
person
can no
longer
act for
himself
or
herself
that the
power of
attorney
is most
valuable.
However,
even a
durable
power of
attorney
can be
terminated
if court
proceedings
are
filed to
determine
the
principal's
incapacity.
Where
can a
person
obtain a
power of
attorney?
Even
though
there
are
preprinted
forms
available,
they may
not be
appropriate
and may
not
provide
the
protection
needed,
or they
may
actually
revoke
existing
legal
documents
unintentionally.
Because
a power
of
attorney
is an
important
and
powerful
document,
it is
recommended
to
consult
with an
attorney
to
ensure
no
mistakes
are
made.
When
does the
durable
power of
attorney
terminate?
The
authority
of the
attorney-in-fact
of a
durable
power of
attorney
automatically
ends
when one
of three
things
happen:
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- The principal dies.
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The principal
revokes the power of attorney by sending written notice by mail that
requires a signed receipt or by certain approved methods of personal
delivery to the attorney-in-fact and to any other party who might rely on
the power.
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When a court
determines that the principal is totally or partially incapacitated and does
not specifically state that the power of attorney is to remain in force.
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