POWER OF ATTORNEYS

Power of Attorneys Lawyers in Orlando, Florida 

A power of attorney gives another person or party the right to act legally on your behalf. Power of attorneys can ensure that there is someone around to manage your financial and legal affairs should you become disabled or unable to make decisions for yourself. Powers of attorney are often drafted alongside a Last Will and Testament to make clear your wishes regarding your assets and property, both after your death and before you pass away, should you become incapacitated. When writing a power of attorney, you’ll need to designate someone to serve as your agent. This can be a loved one, a family member, your lawyer or anyone else you so designate.

Without having a power of attorney in place, the court may appoint a guardian or conservator on your behalf. In order to avoid the state making such critical decisions on your behalf, it is best to have a power of attorney in place. Contact Legal Counsel, P.A. which employs a power of attorney lawyer in Orlando, Florida who can assist you with drafting a power of attorney. Like a Last Will and Testament, a power of attorney must be signed before two witnesses and must be properly notarized to be valid. While it might be tempting to use template power of attorney forms from the internet, these forms may not address needs that are specific to your case. Only a power of attorney lawyer can properly review your situation and help you understand what estate planning measures you may need to take. If you are in the process of planning your estate and have questions about your power of attorney, contact Legal Counsel, P.A. in Orlando, Florida and consult with our power of attorney lawyer. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.

When Should a Power of Attorney Be Used?

Power of attorney documents can be used in a variety of situations. If you are in the process of estate planning, a power of attorney may be written together with your will to ensure that your affairs are in order should you pass away or become incapacitated or seriously ill. If you have been diagnosed with a progressive or terminal illness, you may want to have a power of attorney in place that designates a person to be in charge of your financial decisions and other decisions for when you become too ill to make decisions for yourself. Sometimes individuals may use a power of attorney for specific situations. If you are purchasing property in another state and won’t be present, sometimes a person might grant another individual a limited power of attorney to execute the closing documents. Legal Counsel, P.A. employs a power of attorney lawyer in Orlando, Florida who can help you with this document so that your rights are protected should you become disabled or ill. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.

Who Should Act on My Behalf?

When creating your power of attorney, you’ll need to designate a person to act on your behalf. This person will be responsible for managing your financial and legal affairs should you become sick or ill. Some people appoint a trusted family member to do this job, and this is fine. However, you should also consider alternates. After all, what happens if both you and the person you appointed are in a serious car accident? Some individuals appoint their estate planning lawyer as their agents. Others may designate another professional to serve this role. At the end of the day, you’ll want to choose someone you completely trust. While your agent will have a duty to handle your affairs with your best interests in mind, this person will generally have wide authority when it comes to your financial life. It is important to consider carefully the person to whom you will grant power of attorney. If you are in the process of drafting a power of attorney, contact Legal Counsel, P.A. in Orlando, Florida which employs a powers of attorney lawyer who can assist you. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.

Understanding Different Types of Powers of Attorney 

The broadest type of power of attorney is a general power of attorney and it is usually drafted by individuals with terminal illness or those who want to make sure that they designate the right person to manage their affairs should they become too ill or too disabled to make these decisions for themselves. A durable power of attorney is one that ensures that this arrangement stays in force should you become unable to make decisions for yourself. In some cases, individuals may specify a trusted doctor who must make the determination that the durable power of attorney should go into effect.

A limited power of attorney, on the other hand, is very limited and often appoints a specific person to do a specific task. If you need help selling or buying real estate in another state or need help collecting a debt, sometimes individuals grant another person, party, or lawyer, a special power of attorney. A health care power of attorney grants another individual the right to make medical decisions on your behalf should you become unable to make these choices for yourself.

When estate planning, you may want to put several legal documents in place to protect your rights. These documents might include powers of attorney, health care directives, a Last Will and Testament, and a trust. Legal Counsel, P.A. employs a power of attorney lawyer in Orlando, Florida who can walk you through the estate planning process. It is never too soon to plan ahead. Give yourself and your family the peace of mind you deserve. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.

Getting a Power of Attorney on Behalf of a Loved One in Orlando, Florida 

It is always best to have a power of attorney in place before you or a loved one falls ill. But what happens if a parent has dementia, or if a parent or loved one becomes too ill to make decisions on their own behalf? You may have the ability to intervene and get a power of attorney. This process can be more complicated than when the individual appoints an agent. Legal Counsel, P.A. employs a power of attorney lawyer in Orlando, Florida who can help you and your family should you need to get a power of attorney to make decisions for a critically sick or disabled loved one. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.

POWER OF ATTORNEY FAQS 

What is a power of attorney? 

A Power of Attorney is a legal document which provides written authorization for someone to act on your behalf in specific matters. Your Florida Power of Attorney Lawyer offers assistance with three (3) types of Power of Attorneys recognized in Florida, more particularly, a Durable Power of Attorney, General Power of Attorney and Limited Power of Attorney.

All Powers of Attorneys have Principals or Grantors and Agents or Grantees. Principals or Grantors are individuals that provide written authorization to another individual to act on the Principal or Grantors behalf. The individual receiving the power to act on behalf of the Principal or Grantor is known as the Agent of Grantee.

What is a Durable Power of Attorney? 

A Durable Power of Attorney is a legal document which provides written authorization for someone to act on your behalf in specific matters and the power granted to the Agent/Grantee  in the Durable Power of Attorney remains effective after the incapacity of the Principal/Grantor. Durable Power of Attorneys are governed by Florida Statute 709.

In order for A Durable Power of Attorney to be effective it must be in writing, have the two

(2) witnesses, and be notarized and contain verbiage listed in Florida Statute Section 709.2104, which reads:

709.2104 Durable power of attorney.—Except as otherwise provided under this part, a power of attorney is durable if it contains the words: “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes,” or similar words that show the principal’s intent that the authority conferred is exercisable notwithstanding the principal’s subsequent incapacity.” 

A Limited Power of Attorney is a legal document which provides written authorization for someone to act on your behalf in limited, specific matters. Limited Power of Attorneys are very common in the sale and purchase of real estate in Florida. In this instance, the Agent can purchase or sell the Principal/Grantors property by virtue of the written authorization provided  for in the Limited Power of Attorney.

What is a General Power of Attorney?

A General Power of Attorney is a legal document which provides written authorization for someone to act on your behalf in specific matters, however the power granted to the Agent/Grantee in the General Power of Attorney does not remain effective after the incapacity of the Principal/Grantor. Power of Attorneys are governed by Florida Statute 709.

What is a Limited Power of Attorney?

A Limited Power of Attorney is a legal document which provides written authorization for someone to act on your behalf in limited, specific matters. Limited Power of Attorneys are very common in the sale and purchase of real estate in Florida. In this instance, the Agent can purchase or sell the Principal/Grantors property by virtue of the written authorization provided for in the Limited Power of Attorney.

What are some of the common uses of a Limited Power of Attorney?

Some of the most common uses of a Limited Power of Attorney include, the sale of real estate, the purchase of real estate, or the sale of a motor vehicle.Principals or Grantors are individuals that provide written authorization to another individual to act on behalf of the Principal of Grantor.

What is an Agent or Grantee? 

An Agent of Grantee is the  individual receiving the power to act on behalf of the Principal or Grantor is known as the Agent of Grantee.

Can I withdraw, cancel, or revoke my Power of Attorney? 

Yes. Revocation of a Power of Attorney is governed by Florida Statute Section 709.2110, which reads:

709.2110   Revocation of power of attorney.

  • A principal may revoke a power of attorney by expressing the revocation in a subsequently executed power of attorney or other writing signed by the principal. The principal may give notice of the revocation to an agent who has accepted authority under the revoked power of
  • Except as provided in subsection (1), the execution of a power of attorney does not revoke a power of attorney previously executed by the principal. 

Why Should I use a lawyer to prepare a Power of Attorney? 

Beware of forms you can download for free or purchase on the internet! Unless you have studied Florida Law and understand how to properly draft a Florida Power of Attorney, you can make mistakes which can potentially render your Power of Attorney ineffective and invalid. Your Florida Power of Attorney Lawyer can answer your questions and insure your Power of Attorney is drafted properly as Your Florida Power of Attorney Lawyer is a Florida Bar Licensed Attorney  experienced in drafting Power of Attorneys.

Have questions?  We have answers? Contact Legal Counsel, P.A. today at 407-982-4321.

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ABOUT

Legal Counsel P.A. is a Central Florida based law firm providing legal services to both individuals and business throughout the State of Florida. Have questions? We have answers. Contact Legal Counsel, P.A. today at (407) 982-4321.

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  • Main Office

    13330 W. Colonial Drive, #110 Winter Garden, FL 34787

  • Orlando Office

    189 S. Orange Avenue, Ste. 1800 Orlando, FL 32801 (by appointment only)

  • Phone

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  • Orlando Phone

    407.395.2653

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    407.982.2587