Lake Wales Power of Attorney Lawyers

Comprehensive Legal Guidance

At Weaver Loveless Law, we understand the critical role that a power of attorney (POA) can play in managing your affairs. Our location in Lake Wales gives us a unique perspective on the local legal landscape, allowing us to offer tailored advice that reflects regional nuances. Whether you're planning for the future or managing the present, our team is here to help you understand the full scope of your legal instruments.

Need guidance with a power of attorney in Lake Wales? Contact us online or call (863) 622-7455 now for a free consultation and personalized legal assistance!

Establishing Powers of Attorney in Central Florida

Powers of attorney are estate planning tools that can be used for a variety of purposes. To fully understand what these tools can do, it is important to discuss your needs with a knowledgeable estate planning lawyer.

At Weaver Loveless Law, our team can provide the education, advice, and follow-through you need to execute these vital documents. With over 50 years of experience in estate law, we can help you protect your best interests. Our POA attorneys have built a reputation for delivering friendly, caring service that is tailored to your specific needs and goals.

What Is a Power of Attorney and Why You Need One

A power of attorney allows you to grant another person the power to act on your behalf should you:

• Become incapacitated
• Become unable to communicate your wishes
• Need someone to assist with your daily affairs.

Your named person is your “attorney in fact” in a power of attorney document. This agent of authority may be granted the power to handle your financial matters or other personal affairs as designated. Power of attorney forms must be signed in front of a licensed notary public to ensure the validity of the document.

There are many different types of powers of attorney. The power of attorney document you create and the powers granted will depend on your goals and needs.

We can help you establish different kinds of powers of attorney, including:

• Durable power of attorney - Without this POA, a conservator or guardian would need to represent you if you become incapacitated. This document remains in effect until your death. Having a durable power of attorney ensures that your wishes are respected without delays in legal representation.
• Healthcare power of attorney - Appoints someone to make healthcare decisions for you should you be unable to make them yourself. It is crucial to appoint an individual you trust completely, as they will have the authority to make significant medical decisions during critical times.

Understanding Agent Duties and Responsibilities

If you are appointed as an agent in a POA document, you will have many responsibilities. You will have a duty to fulfill the wishes of the "principal" in regard to their financial and medical matters. This duty applies even if the wishes of the principal conflict with your own.

For example, you may be serving as the agent to an aging parent. Your parent's power of attorney document may indicate their wishes not to pursue life support should they be put in such a situation. Even though you have power over their medical decisions, you cannot go against your parent's stated wishes. Doing so would be a breach of fiduciary duty, which can lead to litigation. As an agent, understanding these boundaries and preparing for potential conflicts or ethical dilemmas is key to effective representation.

The Step-by-Step Process to Create a Power of Attorney in Florida

To set up a power of attorney agreement for yourself or an elderly loved one, you and your lawyer can follow a simple process. Here's how to ensure it's done correctly:

• Choose an Agent: Select a trusted individual, acting as the "agent," to make decisions on behalf of the "principal." The agent must be at least 18 years old.
• Appoint Witnesses: Have two witnesses, both over 18, to confirm the legitimacy of the document.
• Complete Documentation: Fill out all necessary POA forms with the assistance of your attorney. This ensures all legal requirements are met.
• Sign the Document: Both the agent and the principal need to sign in the presence of a notary to validate the POA.

Our attorneys at Weaver Loveless Law can help you craft your power of attorney and ensure it is valid under Florida law. We can help ensure you and anyone else involved feel confident in your decision. Moreover, we offer guidance on selecting suitable agents and witnesses and advise on potential future changes to the document.

Important Florida Power of Attorney Laws You Should Know

In October 2011, Florida's Power of Attorney Act went into effect. This act included several important provisions in regard to powers of attorney in Florida.

• Divorce - Even if not finalized, a divorce terminates the spouse's authority to act as an agent.
• Document copies - Photocopies and electronic images of POAs are now considered valid as long as the original document is filed.
• Multiple Agents - If multiple agents are named in the POA, they can act independently of each other unless stated otherwise.
• Third Parties - Reluctant third parties can be forced to act if the POA is valid. Third parties can be held legally liable if an unreasonable delay results in a financial loss or damages.
• Specific Provisions - POA documents must list specific authorities, and agents cannot take actions that are not specified in the POA.
• Agent Compensation - Agents are entitled to compensation for completing their duties, with some restrictions. It is important for all involved to understand the compensation structure to avoid misunderstandings or disputes later on.

Need to establish a power of attorney in Polk County? Call our Lake Wales lawyers at (863) 622-7455 to schedule a free consultation today.

Frequently Asked Questions

Does a Power of Attorney Need to Be Notarized in Florida?

Yes, a Power of Attorney must be notarized in Florida to be valid. Additionally, it requires two witnesses to the principal’s signature. This ensures the document complies with state laws and is recognized by third parties, such as banks or financial institutions. A POA attorney in Lake Wales can guide you through the process, ensuring all requirements are properly met. Contact us for assistance or additional information.

How Can I Ensure My Power of Attorney Is Recognized by Third Parties?

To ensure that your POA is recognized by banks, medical facilities, and other institutions, it's crucial to present a valid, notarized copy of your document. Many entities may have specific requirements or prefer certain language in the POA document to execute transactions or decisions confidently. By working with Weaver Loveless Law, you can ensure that your POA conforms to all statutory requirements and anticipates the needs of common third parties. We facilitate communication with third parties ahead of time to preempt any potential issues.

What Are the Consequences if an Agent Acts Beyond Their Authority?

If an agent acts beyond the authority granted by a power of attorney, their actions may not be legally binding. This could expose the agent to potential legal liability for any damages caused. In Florida, actions that exceed granted powers can result in disputes, and courts may intervene to reverse unauthorized decisions. Therefore, it’s crucial that agents fully understand their responsibilities and limits from the start, which is why the guidance of experienced attorneys at Weaver Loveless Law is invaluable.

Can I Revoke a Power of Attorney in Florida?

Yes, a principal can revoke a power of attorney in Florida as long as they are mentally competent at the time of revocation. Revoking a POA involves notifying the agent of the decision, ensuring all copies of the document are destroyed or marked as revoked, and informing any institutions or individuals that dealt with your agent. Our legal team at Weaver Loveless Law can assist in drafting and executing revocation notices to ensure that all aspects of your revocation are correctly handled, thereby protecting your interests.

How Does a Power of Attorney Differ From a Guardianship?

A Power of Attorney allows a chosen agent to act on your behalf, typically without court intervention, while guardianship is court-appointed and involves taking legal control over an individual's affairs due to incapacity. Guardianship often requires stricter oversight by the courts and can be costly and time-consuming. A power of attorney lawyer in Lake Wales can help you understand these distinctions and guide you in preparing the right documents for your needs.

Contact Lake Wales Attorneys for Your Power of Attorney Needs

Like wills and trusts, powers of attorney are valuable legal documents. Let the attorneys at Weaver Loveless Law use their extensive experience to help you craft the correct documents for your needs.

Ready to create a power of attorney? Contact our Lake Wales office today for personalized legal guidance at (863) 622-7455.