Durable Power of Attorney | Winter Park
If I choose a durable power of attorney, how would my incapacity be determined?
Must I give my agent full power over all my property?
Once I appoint a health care agent, can I change my mind?
Once I have signed a durable power of attorney, can I change my mind?
Should I talk with the person I intend to appoint before completing a durable power of attorney?
Winter Park Elder Law Attorneys – Durable Power of Attorney
When developing an estate plan an essential document to consider is the Durable Power of Attorney. This tool can help alleviate a number of concerns and issues, but if it is not drafted properly, and signed in accordance with the latest statute it can create more problems than it aims to solve. When drafted correctly, however, a valid Power of Attorney document can be extremely beneficial under certain circumstances.
A proper Durable Power of Attorney sets out your instructions for who will make decisions for you should you lose the capacity to do so due to a serious medical condition. Many medical and financial issues may arise in the event of an illness and you want to make sure that someone you trust and who understands your preferences and wishes is in charge. In the absence of a Durable Power of Attorney, decisions regarding important affairs may fall into the wrong hands, your finances may be handled irresponsibly, and medical decisions may be made with which you would disagree.
At Sperling Ducker we have been helping to solve the needs of individuals and families since 1999. We know that elder law issues can be emotional and sometimes difficult to manage. We will work with you at your own pace to find solutions that meets your situation. Whether you want to set up a new Winter Park Durable Power of Attorney or update an existing one, please do not hesitate to consult with our office today regarding your estate planning options.
Providing Individualized Attention to Help Reach Your Goals
At our Winter Park law firm we do not use a cookie-cutter approach to practicing law. We see each client as an individual with unique problems and solutions. When it comes time to discuss issues related to a durable power of attorney, this individualized approach is more important than ever.
We will talk with you, listen to your concerns and goals and work with you to find options to meet your goals. You are the decision maker. Our role is to provide you with all the information you need to make informed choices. Choosing a person to serve as your Power of Attorney is one of the most important decisions you can make and you should carefully consider the following factors and more:
- Who can you trust to make financial decisions that are in your best interest and that are not self-serving?
- Who is responsible enough to stay on top of your various affairs?
- Who understands your wishes and the choices you would make if you had the capacity to do so?
- Who has the time and proximity to handle daily affairs?
- What choice does your family support?
In some situations, the choice of Power of Attorney may be clear, as you may simply choose your spouse or an adult child. However, you should carefully discuss all of your options with an attorney who understands the full duties and responsibilities involved in serving as POA.
Helping You Understand Significant Changes to Florida Law
The Durable Power of Attorney (DPOA) gives you the ability to designate another person to make decisions on your behalf. When you create a DOPA you (the principal), give someone else (an agent) the authority to manage your financial affairs and other business and financial decisions. There are significant new regulations that apply to all Florida durable power of attorney documents signed on or after Oct. 1, 2011. While the new law does not cancel your old Power of Attorney, it does make significant changes to how it is signed and how it may be used.
If you already have a DOPA document created under the old law, it is still valid. The new law will impact all future documents and will make it even more critical that you choose an attorney who is knowledgeable and can help you assess how the new law impacts your situation. At our office, we have a thorough understanding of all new developments in Florida elder laws and will always ensure that your Durable Power of Attorney meets all of the requirements set out in the law.
At Sperling Ducker we know that a properly signed Power of Attorney can save you and your family an untold amount of trouble. It is important that you are able to work with an attorney willing to take the time to understand your needs and then create a solution that will help to avoid future conflict.
Contact Our Winter Park Attorney to Help Create a Living Will
If you would like to develop a living will or health care directive that specifically states how you want to receive medical treatment, our office can help. We provide comprehensive estate planning tools and will work with you to draft documents that accurately reflect your goals and desires.
A living will is a different document from a Power of Attorney and specifically addresses your wishes for medical treatment in the event of a terminal illness or injury. While a POA will have discretion to make decisions for routine medical care, a living will sets out whether or not you want to kept on life support or receive similar treatment at the end of your life. This distinction is important and a living will should be carefully considered, drafted, and reviewed. You should also ensure that your POA does not have any moral or religious objections to your end of life wishes in your living will and advanced health care directive.
Consult with an Experienced Estate Planning Attorney Today
Setting up a Power of Attorney and living will is critical for adults of any age. While it is not pleasant to think about, accidents or illnesses can occur when you least expect it and you want to be prepared and trust that your affairs will be handled should you become unable to make your own decisions.
We take pride in our ability to find creative solutions for each client. We welcome your inquiry about any type of elder law question and will use all the tools at our disposal to help. Please contact our Orange County estate planning law firm or call us at 407.645.3297 today for a flat-rate consultation with an Winter Park durable power of attorney. We can meet with you either at our offices or the location of your choice. Yes, we do make house calls as your needs require.
Struggling with child custody or a divorce? Not sure how to plan for you or a loved one’s elder care? If you are seeking legal representation contact Sperling Ducker PLC, Attorneys and Counselors at Law. Call us at 407-645-3297 or send us a send us a message. Visit our Winter Park and Orlando office. Sperling Ducker serves Altamonte Springs, Longwood, Maitland, Orlando, Oviedo, Winter Garden, Winter Park and Winter Springs and surrounding areas.