What Kind of Power of Attorney Should You Choose?

The general power of attorney gives the agent broader powers to perform any legal act on behalf of the principle. Learn more about different types of powers of attorney and how they work.

What Kind of Power of Attorney Should You Choose?

The general power of attorney gives the agent broader powers to perform any legal act on behalf of the principle. Most powers of attorney are long-lasting, that is, they remain in effect even if the principal becomes incapacitated. A “general power of attorney” generally grants the agent a wide range of authority to act on behalf of the principal. This could include selling a car, house, or other property; accessing bank accounts; signing contracts; making healthcare decisions; handling financial transactions; and signing legal documents.

The document should specify exactly what activities the agent is authorized to do. If the power of attorney was created in another state, it may be valid in Florida, but it must comply with the Florida Power of Attorney Act and other state laws. To ensure that your power of attorney is valid in Florida, it is best to consult with an experienced lawyer who can draft a document that meets all legal requirements. A permanent power of attorney remains effective after the principal becomes incapacitated, while a non-durable power of attorney ends when the principal becomes incapacitated.

A limited power of attorney can be used to delegate authority to another person to handle a transaction in another state. If you already have a power of attorney, it is still valid, but you may want to consult with an attorney if you need to make any changes. An estate planning lawyer can help you create a document that clearly outlines your wishes and responsibilities. A durable POA takes effect when the document is signed while an emerging power of attorney takes effect only if the principal becomes incapacitated and when the principal becomes incapacitated.

A well-written durable power of attorney can help you avoid guardianship if you become incapacitated.