Orlando Power of Attorney Lawyer
A durable power of attorney authorizes a trusted person to act on your behalf for financial and legal matters if you become incapacitated, avoiding a costly court guardianship. Clyde Lemon drafts them under Florida law and tailored to your situation.
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
You may have read about a "springing" power of attorney that only takes effect after a future event, such as a physician's certification of incapacity. The Florida Power of Attorney Act, effective October 1, 2011, eliminated springing powers of attorney for documents executed in Florida. Any Florida POA signed today is effective immediately on execution. Clients who want a delay between signing and the agent's use of authority typically pair the POA with a separate plan, such as physically holding the document and instructing the agent on when it may be used, or pairing the POA with a revocable trust whose successor-trustee terms trigger only on incapacity.
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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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