Polk County’s Power of Attorney Experts

At Mint Law Firm, we understand the importance of planning for the future, and a well drafted power of attorney is a crucial part of that plan. Whether you need assistance with creating a durable power of attorney, a healthcare power of attorney, or a financial power of attorney, our experienced attorneys are here to guide you through the process with care and precision. We take the time to understand your unique needs and help you establish the proper legal protections to ensure that your wishes are honored, even if you become unable to make decisions for yourself. With Mint Law Firm, you can feel confident that your future is in capable hands.

What is a Power of Attorney

A power of attorney is a legal document that grants someone other than yourself the authority to act on your behalf. Frequently, the power that is passed is the ability to make financial, legal, or medical decisions. Importantly, the power can be limited in both time and scope. Practically speaking, this allows the person granting the power (the “principal”) to set rules that the person receiving the power (the “agent”) must follow.

Although no two powers of attorney are the same, these documents can be broadly classified into categories that include:

• Limited Power of Attorney: Gives the agent the authority to conduct a specific act. For example, your best friend is granted the power to sell your sports car that has been stored in his or her garage several counties away.
• General Power of Attorney: Gives the agent very broad powers to perform any legal act on behalf of the principle. Note that a list of the acts that the agent is authorized to perform must be included in this document.
• Durable power of attorney: Powers of attorney terminate when the principal becomes incapacitated. However, if the document includes certain language, then the powers will survive incapacitation. This is known as a durable power of attorney, and it’s the document that is included in most estate plans.

When Are Powers of Attorney Used

Powers of attorney offer you the ability to grant legal power in a form of your desire. But what exactly is their practical application? The answer is that they are used for a number of purposes, some of which we have listed below:

• Estate planning: Durable powers of attorney – those that survive incapacity – are a common document included in an estate plan. When someone becomes incapacitated, decisions will need to be made, especially because unexpected costs tend to arise. Without this document, even a family member as close as a spouse may have a difficult time. For instance, many married couples retain individual checking accounts. If money is needed to pay hospital bills, not even a spouse would legally be able to access funds in their husband or wife’s account to cover basic living expenses without a court order. Obtaining orders takes time, and in many cases, time is not an affordable luxury.
• Elder Care: Unfortunately, as we grow older, life becomes a bit more difficult. This rings especially true with respect to those suffering from dementia or Alzheimer’s disease. A power of attorney – or better yet durable power of attorney – can make life easier for the elderly. A loved one can ensure that bills are paid, that the check book is balanced, and that the best form of care is provided when necessary.
• Business Transactions: Many of today’s businesses are run either remotely or by a collective group. Providing power of attorney to a trusted partner, manager, or even accountant may be essential for some business owners, as they do not have the time resources to be at multiple businesses authorizing every transaction.
• Long-term Absences: Those in the military are frequently asked to serve tours in foreign countries. And, in an ever globally connected society, many employees take on long-term work in foreign countries. Powers of attorney are frequently used to give a family member or trusted friend domain over possessions to ensure that they do no fall into disarray, remaining the same upon their eventual return.

How Is a Power of Attorney Executed

In Florida, obtaining a valid and enforceable power of attorney involves a couple of more steps than stating “I grant X the power to do A, B and C.”

First, the person granting the power (the principal) has to be at least 18 years old. Second, the principal must be of sound mind, meaning that the principal understands that he or she is granting certain powers and what the agent is being given domain over. Third, the document must be written, clearly state that the principal is granting authority to a named person(s), and what powers they are granting. Third, the power of attorney must be either signed before two witnesses or acknowledged before a notary public. We suggest always having two witnesses, one of which is a notary to avoid any potential issues. Although not necessary (except in the instance of guardianship, which itself is a power of attorney), the document can also be optionally filed with the County Clerk of Courts.

Can A Power of Attorney Substitute as a Will

A power of attorney in general cannot substitute for a last will and testament, even in those instances where execution is in accordance with state law on wills. This is because powers of attorney are structured and written to designate during a lifetime, whereas a last will and testament covers what happens after death. When someone dies with only a power of attorney but no last will and testament, unfortunately that matter will have to go through the full probate process of intestacy. As explained in greater detail on our probate page, intestacy proceedings (those without a last will and testament) tend to suffer from delays and added costs.

Why Retaining a Lawyer To Draft A Power of Attorney is Helpful

It’s certainly possible to DIY a power of attorney based off of one of the many templates that are readily available on the internet. However, we do suggest retaining an attorney to assist with the drafting and execution of this document for a number of reasons.

• Legal expertise: Attorneys are aware of legal requirements and laws that aren’t necessarily obvious on their face. For instance, many people seek to have Powers of attorney become effective only after the principal is incapacitated. Otherwise known as a “springing” power of attorney, Florida law has not allowed these powers to be conferred since 2011.
• Drafting Clarity: Much of a lawyer’s day to day tasks consist of writing. Although far from glamours, like anything in life, practice makes perfect. Although it may not be apparent on its face, lawyers do in fact strive (and practice) writing for clarity. Having a well drafted document that is both clear and concise will decrease the potential for miscommunication and disputes later on.
• Cost: Engaging an attorney for this specific task is not as costly as one might thing. Depending on the complexity of the document, we at Mint Law Firm charge anywhere from $400-$700 to meet with a client, draft a power of attorney and oversee its execution.

Mint Law Can Assist With Your Power of Attorney

At Mint Law Firm, we are dedicated to providing you with the peace of mind that comes from knowing your legal decisions are in place, should you need them in the future. Our experienced attorneys work closely with you to ensure that your powers of attorney are tailored to your specific needs, providing clarity and protection for your healthcare, financial, and legal matters. Whether you are planning for the unexpected or updating existing documents, we are here to guide you through every step of the process.