What Does Durable Power of Attorney Mean in Florida

Generally speaking, to answer the question, what does durable power of attorney mean in Florida, testators/principals should be aware that a regular power of attorney in Florida terminates when or if the principal becomes unable to function, or essentially legally and medically incapacitated. Florida Statute 709.2102(4) answers in part what does durable power of attorney mean in Florida because it defines the words durable in the context of death, dying, and incapacity. These are the saddest and most trying of times, but it is crucial that to protect your family in a financial sense, that you exercise your durable power of attorney properly. The Statute provides that regarding a power of attorney, durable cannot be stopped by the principal’s incapacity (vegetative state, brain death, coma, etc.). However, it is ever-clear that hiring a skilled Orange or Lake County Florida Probate Attorney can help you avoid the perils and pitfalls of ambiguous language that can render your Florida durable power of attorney ineffective. The law is full of legalese that can confuse people. Attorneys often interpret obscure/arcane language for their clients to make sure everyone is in the “know,” meaning that the law is clear.

Jonathan Jacobs is an Orange and Lake County Florida Probate Attorney.

Orange and Lake County Florida Probate Attorney

An Orange and Lake County Florida Probate Attorney will be able to understand the principal’s wishes and desires as it relates to their health, incapacity, and directives for the agent designated in the Florida durable power of attorney document(s). This way, the agent can be assured they are affecting the wishes of the principal and not going beyond the directive(s).

Nobody wants to be involved in a lawsuit over exceeding their authority, and all parties surely want not only what is best for the principal, but also what is best for the family as relates to the Florida durable power of attorney given to them as an agent. This sort of responsibility is serious business. It is not to be taken lightly. If a testator wants to grant you durable power of attorney, sit down with them to have an earnest conversation about what that responsibility entails.

If you are doing some estate planning or if you are an agent or a family member in need of legal advice and services regarding Florida durable power of attorney, please contact the Jacobs Law Firm, Orange and Lake County Florida Probate Attorney today. We will aspire to answer your questions and to make you feel confident in your legal representation.