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Durable Power of Attorney | Orlando

Many people avoid preparing for the stage in their lives when they are no longer capable of making their own decisions. This includes medical and financial decisions. However, assigning a person to handle your medical and financial choices protects you in the event you become incapacitated. At Aubrey Law, we understand the preparation of a guardianship or Durable Power of Attorney can be challenging.  We will advise you through the process and ensure your documents follow Florida law.

What Decisions Can a Durable Power of Attorney Make?

A Durable Power of Attorney continues past when a person becomes incapacitated when an individual can no longer make their own decisions. The wording must be very specific to clarify that the legal document is for a Durable Power of Attorney, which is why it is important to have the assistance of a lawyer when creating the legal documents. The individual who makes the document can keep the legal acts broad or quite specific. According to The Florida Bar, examples of what an Orlando Power of Attorney may become responsible for include the following:

  • Managing bank accounts
  • Signing contracts
  • Selling property
  • Making healthcare decisions
  • Signing legal documents on the maker’s behalf

Watch: Will having a durable power of attorney prevent the need for a conservatorship?

What to Consider When Choosing Your Power of Attorney

If you do not choose an agent as your Durable Power of Attorney, the court can select an individual to be your guardian. This can cost your family upwards of $1,000 (not including guardian’s visits). However, a guardian may not always act in your best interests. Instead, make sure you choose a person that you’ll trust in the future. This individual should be someone who:

  • You know can make financial decisions in your best interest
  • Is capable of handling the day-to-day affairs
  • Understands what choices you would be likely to make if you could
  • Is someone who can interact with your family without conflict

Watch: Should I talk with the person I intend to appoint before completing a durable power of attorney?

Making Changes to a Power of Attorney

As long as you are in a stable state of mind, you are able to appoint a Power of Attorney. This is often associated with the elderly. Military members often set up a Power of Attorney before going on active duty overseas. Once you have designated a Power of Attorney you can cancel the appointment by destroying the document and drafting a new one. Furthermore, if the Durable Power of Attorney is appointed for health care decisions, it can also be written so that it ends when the person recovers to full health and mental capacity.

Contact an Orlando Elder Lawyer at Aubrey Law

Selecting a Durable Power of Attorney may seem like a task for the future. However, you never know when your life will be changed by an illness or accident. If you find yourself in a position where you can not make medical or financial decisions, you will need someone you trust to handle your matters. If you have questions about your estate planning, including designating a Durable Power of Attorney, contact Aubrey Law. Our attorneys can meet you at our offices, your home, or at a location most convenient for you.

Not sure about care for an elderly loved one?  If you are seeking legal representation contact Aubrey Law, Attorneys and Counselors at Law.  Our attorneys handle every legal representation from family law to elder law. Call us at  (407) 647-7887 or send us a send us a message. Visit Aubrey Law’s Office. Aubrey Law serves Altamonte Springs, Longwood, Maitland, Orlando, Oviedo, Winter Garden, Winter Park and Winter Springs and surrounding areas.

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