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Contact us today: 866.461.7474 or 727.461.7474 | 581 South Duncan Avenue Clearwater, FL 33756
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Our Clearwater Estate Planning Attorney Explains the Power of Attorney

clearwater estate planning attorney Office workers having a handshakeIn general, a power of attorney is an instrument in writing that authorizes another to act as one’s “agent” and specifies which acts or kinds of acts that agent may perform. The person who creates the power of attorney in another is called the “principal,” and the agent is sometimes alternately referred to as the “attorney in fact.” As a Clearwater estate planning attorney can tell you, Florida law allows two general categories of powers of attorney: (i) powers of attorney for financial matters and (ii) powers of attorney for health reasons.

Powers of Attorney for Financial Reasons

These powers of attorney are either general (full) or special (limited). General powers of attorney allow the agent to act in place of the principal on essentially any financial dealing that the principal could conduct on his or her own behalf. Be warned, however: these are very broad powers. Under Florida law, a general power of attorney may be either durable or non-durable. A durable power of attorney continues in effect should the principal become incompetent, whereas a non-durable power of attorney terminates upon a finding of the principal’s incompetence. A general power of attorney can be terminated at any time if the principal is competent or language in the document can indicate a termination upon the occurrence of a specific event. Limited powers of attorney confer authority only for a specific purpose. For example, you may confer a limited power of attorney when you purchase an automobile so that the dealer can register it with the DMV. Immediately upon completion of the specific transaction, the power of attorney is terminated. To create a power of attorney for financial reasons, the principal must be of sound mind, must be an adult, and must sign the document creating the power of attorney before a notary.

Powers of Attorney for Healthcare Reasons

These powers of attorney may also be referred to as a “durable power of attorney for healthcare” or simply “medical power.” Two competent witnesses must sign this power of attorney and at least one must not be the agent, the principal’s doctor, or any heir, beneficiary, or other interested party of the principal’s estate. The agent is authorized to make healthcare decisions for the principal when he or she, due to a medical condition, cannot do so for his or herself.  It is essential, as a Clearwater estate planning attorney cautions, that the principal make clear to the agent both the type of treatment the principal wishes to receive and that which should be refused.

Contact a Clearwater Estate Planning Attorney

For legal advice on your estate planning needs, do not hesitate to contact the experienced Clearwater estate planning attorney at Coleman Law Firm by calling (727) 461-7474.

Power Package! Powers of Attorney

  • Power Package! Powers of Attorney
  • Our Clearwater Estate Planning Attorney Explains the Power of Attorney

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    My husband and I saved and planned for a comfortable retirement. We retired in 2000. Due to improprieties and uncontrolled circumstances by our financial advisor and financial institute; we lost a substantial amount of our retirement savings. Thankfully, we were referred to attorney, Jeffrey P. Cole… Read more
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    My name is Dr. Christine LaRae Larson. I have been involved with Coleman Law Firm, needing legal counsel in my new role as a trustee. Personally and on the front end of my position, I had very little experience as a trustee. But now, as my involvement with Coleman Law Firm has continued, I am no lon… Read more
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    I have referred probably at least five cases to the Coleman Law Firm. I have found Mr. Coleman and his staff to be both knowledgeable and down to earth. Mr. Coleman assisted with real estate matters, probate matters, and some personal injury cases with success. I will continue to refer cases to him … Read more
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    Mr. Coleman is obviously very knowledgeable in his field, but he is also very approachable, and easy to talk to. He takes the time to explain things fully in a way that is easy to understand. He kept me very well informed of the progress of my case, and then made a superb presentation at my final he… Read more
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    Jeff & Emily prepared a complete estate planning package for me. All documents, including adjustments due to recent changes in the law and specific stipulations I requested. Everything completed in a professional, timely manner and with patience in dealing with me. I would recommend The Coleman Law … Read more
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