What is a Durable Power of Attorney?

A Durable Power of Attorney is a legal document that allows a person to designate someone else, known as an attorney-in-fact, to make decisions and/or take action on their behalf. This document is most often used in regards to disability planning law in the state of Florida. With a Durable Power of Attorney, the designated attorney-in-fact can manage financial, real estate, health care, and other important decisions for the person who is unable to make these decisions due to disability, illness, or other incapacities. In Florida, a Durable Power of Attorney must meet certain criteria for it to be valid. For one, the person giving power of attorney to the attorney-in-fact must be mentally competent when signing the document. The document itself must be signed in the presence of two witnesses and notarized, and it must also be specific, naming the attorney-in-fact, their rights and duties, and the scope of the power of attorney. The Durable Power of Attorney document can be set up so that it activates immediately, or it can be set to activate upon the occurrence of a specific event. With a Durable Power of Attorney, a person can specify the amount of power they want to give to their attorney-in-fact. This document is an important element to any disability plan, as it gives the person peace of mind knowing that their decisions and actions will still be taken care of even if they become incapacitated.

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What is a Durable Power of Attorney?

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