Powers of Attorney

Powers of Attorney

There are times when it is necessary to make use of a power of attorney, a legal document that delegates authority from one person to another.  Through the document, the maker of the power of attorney, otherwise known as the “principal” gives the right to act on behalf of that person as the person’s agent.

Powers of attorney can be very broad, known as a “general” power of attorney, or very specific and limited to a specific act, such as a specific real estate transaction or sale, known as a “limited” power of attorney.

There are many uses for powers of attorney including:

• Signing legal documents on behalf of the principal
• Making health care decisions
• Handling financial transactions
• Creating trusts and managing assets

A power of attorney remains in effect until the “principal” revokes the power of attorney, the principal dies, a new power of attorney is enacted, the designated term of the power of attorney expires or a court determines that a “principal” is incapacitated and orders the power of attorney to stay in effect.  The revocation of the power of attorney must be in writing.  There are specific laws guiding the noticing of a revocation of a power of attorney and a lawyer should be consulted to assist in ensuring that requirements and processes are followed.

The power of attorney is an important document and should not be considered lightly.  With a power of attorney, you are authorizing a person to act in a legal capacity on your behalf.  As such, a power of attorney should be drawn up in coordination with a lawyer to make sure it meets your needs and abides by the laws of the state of Florida.  In addition, it must be witnessed and notarized to be valid under Florida law.

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