Why Durable Power of Attorney Is a Must-Have in Florida Estate Planning

Estate planning is more than just deciding who inherits your property. It also involves preparing for situations where you may be unable to manage your own affairs. A durable power of attorney (DPOA) is one of the most important legal tools in Florida estate planning.

At Kelley, Grant, & Tanis, P.A., we help clients create durable powers of attorney that ensure trusted individuals can act on their behalf when needed.

What Is a Durable Power of Attorney?

A durable power of attorney is a legal document that authorizes someone you trust to handle financial and legal matters if you cannot. Unlike a standard power of attorney, a durable version remains effective even if you become incapacitated. This ensures continuity in managing your affairs.

• Authorizes an agent, called an “attorney-in-fact,” to act for you

• Remains valid even if you become incapacitated

• Covers financial, business, and legal decisions

• Can be limited or broad depending on your preferences

• Avoids the need for court-appointed guardianship

Why the Durable Feature Matters in Florida

Florida law distinguishes between regular and durable powers of attorney. Without the durable feature, authority ends the moment you lose capacity. A durable power of attorney ensures your chosen agent can act without court involvement.

• Prevents delays in accessing bank accounts and paying bills

• Reduces the need for costly guardianship proceedings

• Ensures someone you choose, not the court, makes decisions

• Provides peace of mind for both you and your family

Key Powers That May Be Granted

A DPOA can grant broad or limited authority depending on your goals. The powers must be specifically listed under Florida law, so careful drafting is essential. Our attorneys help determine which powers should be included.

• Managing bank accounts and paying expenses

• Buying, selling, or managing real estate

• Handling business operations or contracts

• Filing taxes and dealing with the IRS

• Managing investments and retirement accounts

Risks of Not Having a Durable Power of Attorney

Without a DPOA, your family may face legal hurdles if you become incapacitated. Banks and financial institutions will not allow relatives to act without proper authority. This can cause delays and financial harm.

• Family members may need to petition for guardianship

• Court supervision may restrict flexibility

• Expenses for guardianship proceedings reduce estate value

• Disputes may arise over who should serve as guardian

Choosing the Right Agent

The person you choose as your agent will have significant authority. Selecting someone trustworthy and capable is critical. Our attorneys help clients consider both practical and legal factors in this decision.

• Choose someone reliable and financially responsible

• Consider a spouse, adult child, or close relative

• You may appoint co-agents for checks and balances

• Successor agents can step in if the first choice cannot serve

How a Durable Power of Attorney Fits Into Estate Planning

A DPOA is one part of a larger estate planning strategy. It works alongside wills, trusts, and healthcare directives to provide complete coverage. Without it, your estate plan may be incomplete.

• Provides authority for financial matters during incapacity

• Complements healthcare directives for medical decisions

• Works with trusts to ensure continuity of management

• Reduces court involvement and delays

Working with a Florida Estate Planning Attorney

Drafting a DPOA without legal guidance can lead to mistakes. Florida law requires specific wording for certain powers, and generic forms may be inadequate. At Kelley, Grant, & Tanis, P.A., we ensure your documents meet all statutory requirements.

• Customized drafting to fit your goals

• Inclusion of powers required under Florida law

• Guidance on choosing an appropriate agent

• Integration with your larger estate plan

FAQs: Durable Power of Attorney in Florida

What makes a power of attorney “durable”?

A power of attorney is considered durable when it contains specific language that allows it to remain valid even if you become incapacitated. This feature ensures your agent retains authority without the need for court involvement. Without durability, authority ends the moment you cannot make decisions.

Who should I choose as my agent?

Your agent should be someone trustworthy, financially responsible, and capable of handling complex matters. Many people choose a spouse, adult child, or close relative. You may also name co-agents or successor agents to provide flexibility and backup.

Can I limit the powers I grant?

Yes, you can tailor a DPOA to grant only specific powers. For example, you may authorize your agent to manage bank accounts but not sell real estate. An attorney can help you design limits that fit your needs while still providing effective coverage.

What happens if I don’t have a durable power of attorney?

Without a DPOA, family members may need to petition a Florida court for guardianship to manage your affairs. This process can be costly, time-consuming, and stressful. A durable power of attorney avoids these problems by granting immediate authority to someone you trust.

How does a DPOA work with other estate planning documents?

A DPOA complements your will, trust, and healthcare directives. While a will controls property after death, a DPOA handles financial matters during your lifetime. Together, these documents ensure comprehensive planning.

Can I revoke a durable power of attorney?

Yes, you can revoke a DPOA at any time as long as you are competent. Revocation must be in writing and provided to both your agent and relevant institutions. An attorney can help ensure revocation is properly executed.

Do generic forms meet Florida requirements?

Generic online forms often fail to meet Florida’s strict statutory requirements. Some powers, such as the ability to create or modify trusts, must be explicitly included. Working with an attorney ensures your DPOA is valid and enforceable.