Wildwood Power of Attorney Lawyer

Take Control of the Future Today

One challenge with aging is handling daily affairs, especially financial decisions. Even simple tasks like cashing checks or paying bills could feel overwhelming. Helpfully, I can create a power of attorney as part of my clients’ estate plans. With this document, you name an agent to act on your behalf for financial matters when you cannot handle these financial choices yourself.

I am John Marshall, an experienced Wildwood power of attorney lawyer. I encourage you to reach out to my law office to discuss whether to create this document. My clients have considerable control over what powers they give to their agent and for how long. In a consultation, I can address your concerns and answer any questions you might have.

Key Elements of a Power of Attorney

At base, a power of attorney involves a person (the “principal”) delegating power to someone who acts on their behalf (their “agent”). When used in most estate plans, the power of attorney grants power to handle certain financial matters:

• Cashing checks
• Paying monthly bills
• Collecting rents
• Paying taxes
• Changing investments
• Selling or buying assets

You control how much power to give an agent. Some people do not want an agent selling real estate, changing investments, or gaining unrestricted access to bank accounts. It is up to you.

Durable Power of Attorney

My clients typically intend to handle their own financial affairs for as long as possible. They envision needing a POA only when they are suffering from severe illness or incapacity.

As a general rule, a power of attorney ceases to be valid when the principal loses capacity. However, I can create a “durable” power of attorney which will continue to be valid even if you lose capacity. Indeed, that is when most people actually want a POA to be in effect.

Avoid Fill in the Blank Forms

A basic search online might pull up different “fill in the blank” forms, some even created by the state of Florida. You should still call me to discuss how to go about creating this document.

An airtight power of attorney requires more than filling in some information on a preprinted form. Instead, I can help you think through the following:

Deciding whether to amend or start over. Some clients call me with an estate plan already in place. I can review whether you should change any element of it. For example, if you divorce, then the law automatically revokes any power you gave to your spouse in the power of attorney.

Picking the right agent. This is a momentous choice. Your agent will have considerable power over your finances. If you choose someone who is irresponsible with money, then you could end up bankrupt. Similarly, you should consider your family dynamics when it comes to your choice of agent, since you probably want to minimize conflict between your children.

Granting limited or expansive powers. We can give your agent as many powers as you want, or we can create a limited power of attorney. Let’s run through different scenarios to find out what you prefer.