DURABLE POWER

Lawyers in Miami assist clients with the preparation and review of durable powers of attorney to address their legal needs.

Durable Power of Attorney: Supporting Informed Decision-Making
A durable power of attorney (DPOA) is a legal document that allows an individual to appoint someone to handle their financial or healthcare matters. Unlike a standard power of attorney, a DPOA continues to be effective if the person granting authority becomes incapacitated. This document may help avoid the need for guardianship proceedings and assist in managing important affairs during periods of incapacity.

lawyers castellon, Lauren and Schlesinger

Tailoring DPOA to Individual Needs

Durable Power of Attorney: Planning with Clarity and Confidence

At CLS Law Firm, we understand the importance of a personalized approach when preparing a Durable Power of Attorney (DPOA). Selecting the right agent to manage financial or healthcare decisions is an important decision that may benefit from legal guidance.

Support in Agent Selection

We assist clients in considering potential agents, focusing on qualities such as reliability, the ability to handle decisions responsibly, and alignment with the client’s values and preferences.

Clearly Defined Powers and Restrictions

Our team works with clients to help ensure their DPOA clearly reflects the authority they wish to grant, including any specific limitations or instructions. Clear documentation can help protect the principal’s interests and support the management of their affairs.

How a DPOA Can Be Used

A DPOA may be used in various situations. For example, when an individual faces a progressive medical condition, a properly executed DPOA can assist with ongoing management of financial matters and, where appropriate, healthcare decisions.

Financial Oversight: A designated agent may assist with transactions, asset management, or property-related matters on behalf of the principal.
Healthcare Authority: In certain cases, a DPOA may allow an agent to make medical decisions that align with the principal’s known values and preferences, even when the principal is unable to communicate.

Providing Structure and Peace of Mind

Establishing a DPOA with CLS Law Firm involves a drafting process focused on accuracy and clarity, aiming to align with the principal’s intentions and comply with Florida law.

Detailed, Tailored Drafting: Each DPOA is prepared with attention to detail, considering the specific needs and goals of the individual.
Confidence for Clients and Families: A well-drafted DPOA can provide a clear plan for managing future decisions, which may help reduce stress for loved ones.

With careful planning, individuals can outline how they wish their affairs to be handled. CLS Law Firm is available to assist with creating durable powers of attorney that reflect each client’s personal goals and circumstances.

Common Questions About Durable Power of Attorney

What decisions can be made by someone with a durable power of attorney?

An individual appointed through a durable power of attorney (DPOA) may be authorized to make various decisions on your behalf, such as managing financial matters, handling legal issues, and, if specified in the document, making healthcare-related decisions. The extent of their authority is determined by the powers granted to them in the DPOA agreement.

How does a durable power of attorney activate?

A Durable Power of Attorney (DPOA) can become effective in two ways: it may be immediate, where the agent's authority begins when the document is signed, or it may be springing, where the agent's authority starts under specified conditions, typically when a medical professional determines that you are incapacitated, as outlined in the document's terms.

Can a durable power of attorney be revoked?

Yes, you have the right to revoke a durable power of attorney as long as you are mentally competent to make such decisions. Revocation should be done in writing, and all parties who were aware of or had copies of the durable power of attorney should be notified.

What's the difference between a durable and non-durable power of attorney?

The key difference lies in their duration and when they are in effect. A durable power of attorney remains effective even if you become incapacitated, allowing management of your affairs to continue, whereas a non-durable power of attorney ends if you become incapacitated.

Who should I choose as my agent under a durable power of attorney?

Selecting an agent for your DPOA is an important decision; this should be someone you trust, who understands your values and wishes, and who can make decisions on your behalf across various situations.

What if my chosen agent is unable or unwilling to serve?

To prepare for situations in which your primary agent may be unable or unwilling to serve, it is advisable to designate an alternate agent in your DPOA document. This designation can help provide continuity in managing your affairs and may avoid the need for court involvement.

Does my agent have unlimited power?

No, the scope of your agent's authority is determined by the DPOA document. You may specify the actions they are authorized or not authorized to perform on your behalf, allowing the document to be customized according to your particular needs and preferences.

How do I ensure my durable power of attorney is recognized?

For your DPOA to be recognized, it should be drafted in accordance with Florida law, often with the assistance of a legal professional. Additionally, notifying financial institutions and any relevant parties of the DPOA's existence can assist in its acceptance and implementation.

Can a durable power of attorney make medical decisions?

For an agent to make medical decisions on your behalf, a separate durable power of attorney for healthcare, sometimes called a healthcare proxy, is necessary. This legal document authorizes the agent to make healthcare-related decisions.

What happens to the durable power of attorney after my death?

Upon your death, the authority granted through a durable power of attorney ends. Responsibility for managing your estate then passes to the executor or personal representative named in your will, who is tasked with overseeing the distribution of your assets in accordance with the terms of your will.

Plan Ahead: Schedule a Consultation

Life can be unpredictable. A Durable Power of Attorney is a legal document that allows you to designate a trusted person to manage healthcare and financial matters if you are unable to do so. Our attorneys assist clients in understanding their options and preparing documents that reflect their preferences and goals.

Other Services Related to Estate Planing & Probate

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