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What does Durable Power of Attorney Mean?


Preparing for the probate and estate planning process can feel like an overwhelming task. There are many things to consider when implementing an estate plan. Commonly people come to us wondering what Florida’s Durable Power of Attorney laws mean for them. We have outlined a few things to consider around this topic as you’re preparing for this process and seeking out an attorney.

Basically, when someone is named Durable Power of Attorney, they can make critical decisions for the principal that has designated them during that principal’s life. In the event of the principal’s death, a Power of Attorney becomes invalid. The “Durable” part of the Durable Power of Attorney means that the document remains legally valid if the principal becomes incapacitated as long as it was executed in accordance with Florida law. In 2011, the rules surrounding the Florida Durable Power of Attorney changed. Before 2011, if there were multiple people given Power of Attorney, they had to act unanimously, or hold a vote if three or more agents were named. Now, any person with a Durable Power of Attorney can all act independently, unless previously addressed otherwise.

Another important change to note is that the signing requirements are even more critical to follow than before. The law changes stipulate that anyone making a Florida Durable Power of Attorney must sign the document in front of two witnesses in the presence of a notary.

These are very broad brushstrokes on what a durable power of attorney means in the state of Florida. At Greene & Greene, it is our mission to provide superior legal representation, service and value to our clients. Our attorneys are all experienced litigators who handle your case personally. If you are interested in engaging our firm, consultations are scheduled as needed and we are happy to accommodate your calendars.

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