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Port St. Lucie
Power of Attorney Lawyer
Trusted Power of Attorney Lawyer in Port Saint Lucie at Garcia Law, PL
Once you are unable to make decisions for yourself, having a power of attorney in place means a person of your choosing has the authority to make financial decisions on your behalf.
This gives you a lot of peace of mind that your well-being will be taken into account and decisions will be made in your best interest in the event you are unable to make them for yourself.
- Minimizing legal challenges and issues in court
- Ensure Your Instructions are Carried Out
- Provide Peace of Mind in Uncertain Times
Power of Attorney
Representation in Florida
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What Does Power of Attorney Mean in Florida?
A POA is a legal document that delegates authority from one person (the “principal” to another person “the agent”). As the agent, that person is then able to act on the principal’s behalf. The specifics of what they can do as the agent depends on the details outlined in the power of attorney. In some cases, a POA includes broad power for the agent, and in other cases, it applies only in very specific circumstances.
Working with a power of attorney lawyer in Florida ensures your POA document is properly created, the correct language is used, and no details are missed that could negatively affect you in the future.
Types of Power of Attorney in Florida
In this case, the agent is given broad authority and can complete financial transactions, including banking and buying or selling real estate on the principal’s behalf.
For these POAs, the agent is given specific, limited power for a specified purpose for a set period of time. One example being if the principal travels out of the country and the agent needs authority to close on a property in the principal’s absence.
In the event you are incapacitated, a durable power of attorney can remain in effect. Additionally, a durable power of attorney can be created to be general or limited and special. To create a durable power of attorney, the document must include: “this durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in Chapter 709, Florida Statutes.”
Please note, F.S. 709.2202 dictates that to give authority for certain steps, a separate signed enumeration is required, including to:
- Create an inter vivos trust;
- With respect to a trust created by or on behalf of the principal, amend, modify, revoke, or terminate the trust, but only if the trust instrument explicitly provides for amendment, modification, revocation, or termination by the settlor’s agent;
- Make a gift;
- Create or change rights of survivorship;
- Create or change a beneficiary designation;
- Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; or
- Disclaim property and powers of appointment.
Create a Power of Attorney
No matter what kind of power of attorney is right for you or the questions you may have about taking this step, we are here to help. The power of attorney lawyers at Garcia Law can guide you through this process and ensure compliance with state laws so there are no steps or important points missed.
Call us today.
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1922 SE Port Saint Lucie Blvd., Port Saint Lucie, FL 34952
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