Insights  /  Estate Planning

What is a Power of Attorney?

July 23, 20203 min read
What is a Power of Attorney?

A power of attorney lets you choose someone you trust to act on your behalf. It is one of the most important — and most flexible — tools in an estate plan.

A power of attorney (POA) is a legal document in which you, the principal, authorize another person, your agent, to act for you. Depending on how it is written, a POA can be a powerful safeguard if you are ever unable to handle your own affairs.

Common types

  • Durable power of attorney — remains effective if you become incapacitated
  • Limited or special power of attorney — covers a specific task or time period
  • Financial power of attorney — covers banking, property, and financial matters

Why it matters

Without a valid power of attorney, your family may have to seek a court-supervised guardianship to manage your affairs if you become incapacitated — a process that is often slower, costlier, and more stressful than simply having a POA in place.

Choosing your agent

Because your agent may have significant authority, it is essential to choose someone trustworthy and to define their powers carefully. Florida has specific requirements for how a power of attorney must be signed and witnessed to be valid.

Hill & Hill can prepare a power of attorney tailored to your needs as part of a complete estate plan.

Please note: This article is general information about Florida law and is not legal advice. Laws change, and every situation is different. For guidance on your specific circumstances, please consult a qualified attorney.
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