A durable power of attorney (DPOA) is a legal document that gives one person (the agent) the authority to make decisions on behalf of another person (the principal). This can include decisions about the principal’s finances, property, and other legal matters.

DPOAs are especially valuable in Florida because they can help avoid guardianship proceedings if the principal becomes incapacitated. Guardianship proceedings can be expensive and time-consuming, and they can also be emotionally stressful for the principal and their family. In this article, The Wheeler Firm will go over some of the situations that may arise for DPOAs.

There are a few things to keep in mind about DPOAs:

• DPOAs must be created while the principal is still competent. Once the principal becomes incapacitated, they will no longer be able to create or revoke a DPOA.
• DPOAs can be general or specific. A general DPOA gives the agent broad authority to make decisions on behalf of the principal. A specific DPOA limits the agent’s authority to specific tasks, such as managing the principal’s finances or making healthcare decisions.
• DPOAs can be revoked at any time. The principal can revoke a DPOA verbally or in writing, even if they have become incapacitated.
• All DPOAs in Florida are effective immediately upon signing.  As of 2011, Florida law no longer allows for “springing” powers of attorney, which are powers of attorney that only take effect when the principal becomes incapacitated.

Here are some of the specific benefits of having a DPOA in Florida:

• It can help you to avoid guardianship proceedings. If you become incapacitated without a DPOA, your family may have to petition the court to appoint a guardian for you. This can be a long and expensive process.
• It gives you control over who makes decisions on your behalf. When you create a DPOA, you choose the person who you trust most to make decisions on your behalf if you become incapacitated.
• It can help you to maintain your privacy. If you have a DPOA, your agent can make decisions about your finances and healthcare without having to involve the court.

However, there are also some limitations on DPOAs:

• DPOAs cannot be used to make decisions about your marriage, divorce, or adoption.
• DPOAs cannot be used to vote on your behalf.
• DPOAs cannot be used to make decisions about your health or end-of-life care. Those issues are properly addressed in living wills and healthcare surrogate designations.

Here are some tips when executing a DPOA:

• Choose someone you trust implicitly. They may have to make important decisions for you in your time of need.
• Choose someone who is responsible and organized.
• Choose someone who is able and willing to make decisions on your behalf even if those decisions are difficult.
• Choose someone who is generally familiar with your financial situation and healthcare needs.
• It is also a good idea to have a backup agent in case your primary agent becomes unable or unwilling to serve.

If you are considering creating a DPOA, it is important to consult with an experienced Florida family law attorney. An attorney can help you to understand your options and create a DPOA that meets your specific needs. Contact us today if you need assistance creating a DPOA.