
Leesburg Power of Attorney Lawyer
A Power of Attorney is an Important Part of an Estate Plan in Leesburg
At Marshall Law, our Leesburg power of attorney attorney has the knowledge, skills, and legal experience that you can rely on. If you have any specific questions or concerns about the power of attorney, we are here to help you navigate the legal process. You do not have to figure out everything on your own. A POA is a critically important estate planning document. If you do not have one set up, you are vulnerable. Our Leesburg, FL estate planning lawyer can help. Contact us today to set up a fully confidential, no obligation initial consultation.
What is a Power of Attorney (POA)?
A Power of Attorney (POA) is a legal document that grants a trusted person the authority to act on your behalf in financial, legal, or medical matters. The person you appoint is called your “agent” or “attorney-in-fact.” It is a very important estate planning tool.
The Lack of POA Leaves You Vulnerable
Although it can be uncomfortable to think about, incapacity planning is an important aspect of estate planning. There may come a time when you are not in a position to effectively manage your own financial, legal, and/or health affairs. That could be a temporary or permanent state. During life’s most challenging times, it is imperative that you have a proper plan in place. Without a valid POA, you have no one with legal authority to manage your affairs if you become incapacitated
Types of Power of Attorney in Florida
A power of attorney (POA) is not “one” thing in Florida. Under state law, there are actually a number of different types of POA. They can be used to achieve different purposes. Here is an overview of your options for setting up a POA in Florida:
- Durable Power of Attorney: A durable power of attorney remains in effect even if the principal becomes incapacitated. In Florida, it is a type of POA that must include specific language stating that it survives the principal’s incapacity to be legally valid. If you are using POA as an estate planning tool, it should be a durable POA.
- General Power of Attorney: A general power of attorney grants broad authority to the agent to handle a wide range of financial and legal matters. It is typically used for convenience. However, it is important to know that it becomes void if the principal becomes incapacitated unless it is made durable.
- Limited (Special) Power of Attorney: A limited power of attorney authorizes the agent to act on the principal’s behalf for a specific task or for a limited time. It is commonly used for transactions such as selling property or managing affairs during a temporary absence. It could be used as an estate planning tool, though a durable POA is more common.
- Medical Power of Attorney Health Care Surrogate): Finally, Florida law allows people to name a health care surrogate to make medical decisions if they are unable to do so. It is a type of POA that is essential for ensuring that your healthcare preferences are honored during periods of incapacity.
John Marshall is a Top Leesburg Estate Planning Attorney
I am John Marshall, a Leesburg estate planning lawyer who has extensive experience helping clients set up the power of attorney. As a devoted advocate for the people and families that I work with, I always take the time to understand your situation and help you develop the plan of action that makes the most sense. You do not have to figure out everything on your own. With me as your Leesburg POA lawyer, you will get access to advocate who can:
- Hear what you have to say and answer questions about your case;
- Guide you through the POA paperwork;
- Help you set up the POA that is right for your needs; and
- Work with you to create a more comprehensive estate plan.
Power of Attorney in Leesburg: Frequently Asked Questions (FAQs)
Does a Power of Attorney Need to Be Notarized in Florida?
Yes, Florida law requires a POA document to be signed by the principal and acknowledged before a notary public. In addition, two witnesses must also sign the document in the presence of the principal. Our Leesburg estate planning lawyer can help with all legal requirements.
Can a Power of Attorney Be Used After the Principal Dies?
No. A POA cannot be used during probate. An executor (personal representative) handles these matters. Under Florida law, power of attorney automatically terminates upon the death of the principal. In other words, the agent loses all legal authority to act on behalf of the principal once they pass away. There are no exceptions.
How Do I Know Who I Should Choose as My Power of Attorney in Florida?
It depends. You need a trusted person. You should choose someone you trust completely to act in your best interests. You should look for someone who will have access to your finances and may be called on to make serious decisions about your well-being. Many people choose a spouse, adult child, or close friend.
Can I Cancel or Change My Power of Attorney in Florida?
Yes. You can modify or even revoke or change your POA at any time. The only requirement is that you are mentally competent. If you are not of sound mind, you will no longer be able to make such changes. In Florida, you should put the revocation in writing and notify your agent and any institutions that relied on the original POA. Our Leesburg, FL estate planning attorney can help.
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Testimonials
John is a fabulous family estate planning law attorney to work with. He explained everything to me about the estate plan, first working with my mother for many years, and now me as her representative. He did so in a way that I could understand and was very prompt and clear with communication the entire time. John and Patti display a tremendous amount of empathy and patience in dealing with elderly clients like my mother. Soon I will be utilizing John and Patti's expertise to formulate my own estate plan for my family's future. John and Patti treat you like family and I feel they will forever be a part of our family. Needless to say John Marshall law is highly recommended!
MoreContact Our Leesburg POA Attorney for a Confidential Consultation
At Marshall Law, our Leesburg estate planning attorney has extensive experience handling POA. If you have any questions about setting up any type of power of attorney, we are here to help. Contact us today to set up a completely confidential, no obligation initial consultation. Our firm provides estate planning services in Leesburg and throughout the wider region.