Florida Powers of Attorney Attorney
A durable power of attorney is one of the most important documents in any estate plan. It designates a trusted person to manage your financial and legal affairs if you become incapacitated — without requiring a costly court guardianship proceeding. Attorney Clyde Lemon drafts powers of attorney tailored to your specific situation and Florida law.
What Is a Durable Power of Attorney?
A durable power of attorney (DPOA) authorizes your chosen agent — called an attorney-in-fact — to handle financial matters such as banking, real estate transactions, tax filings, and contract negotiations on your behalf. The "durable" designation means the authority survives your incapacity, which is when it is needed most. Florida requires the document to be signed before two witnesses and a notary public.
Limited vs. General Power of Attorney
A general power of attorney grants broad authority over most financial and legal decisions. A limited (or special) power of attorney restricts your agent to specific tasks — for example, selling a particular property while you are abroad. Attorney Lemon helps you choose the scope of authority that fits your needs and comfort level.
Springing Powers of Attorney
A springing power of attorney only takes effect upon a defined event — most commonly a physician's certification of incapacity. This can provide peace of mind for clients who want to retain full control until absolutely necessary. Florida law governs how and when these documents spring into effect, and the language must be precise to be enforceable.
Frequently Asked Questions
Can I revoke a power of attorney in Florida?
Yes. As long as you have legal capacity, you can revoke a power of attorney at any time by signing a written revocation and notifying your agent and any institutions relying on the document. Attorney Lemon can prepare a proper revocation to ensure it is legally effective.
What happens if I become incapacitated without a power of attorney?
Without a durable power of attorney, a family member would need to petition the court for a guardianship to manage your affairs — a process that is expensive, time-consuming, and public. A properly drafted DPOA avoids this entirely.
Does my agent under a power of attorney have to follow my wishes?
Yes. Your agent has a fiduciary duty to act in your best interest and in accordance with your instructions. Florida law provides legal remedies if an agent abuses their authority, including civil liability and criminal prosecution for exploitation.
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