What is a durable power of attorney?
A durable power of attorney (DPOA) is a legal document that is used in Disability Planning Law in Florida. This document gives one person (the “principal”) the authority to appoint someone else (the “agent”) to manage their financial decisions. This document is especially important for those with a disability, as it allows them to appoint someone they trust to make financial decisions on their behalf. The durable power of attorney enables the agent to access accounts, sign legal documents, pay bills, and do other financial tasks. In Florida, a DPOA must be signed in the presence of two adult witnesses or a Notary Public. The principal must also be competent to sign the document (which means they understand all the decisions they are making) and must be aware of all their rights. The document must state that it is “durable” which means that it continues to remain in effect even if the principal becomes incapacitated, or unable to make decisions due to physical or mental illness. This is important in Disability Planning Law, since it allows for the principal’s wishes to be followed even if they are unable to make financial decisions on their own. It is important to remember that a DPOA is only used for making financial decisions – this document does not provide any authority over medical decisions or guardianship, which must be set up separately. A durable power of attorney is an important tool for those with disabilities, as it can help to ensure that their financial decisions are managed in accordance with their wishes.
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