Sometimes, life takes a turn and requires you to trust in others to see to your best interests. However, granting a power of attorney can produce anxiety for some.
If you are feeling unsure about whether you should allow someone the ability to perform important tasks for you, you may wish to speak to an attorney. A Jupiter power of attorney lawyer may be able to answer your questions and make you feel more at ease with your decision.
According to the Florida Statutes, a power of attorney document is one that grants authority to act in the principal’s place. The principal is the person granting the authority, and the agent is the person to whom the authority has been granted. The agent can then make decisions on behalf of the principal.
Some common examples of authorized activities that might appear in a durable power of attorney are the managing bank accounts and supervising investments. Moreover, many principals choose to authorize the buying or selling of real estate or the payment of creditors. An experienced Jupiter power of attorney lawyer may discuss other duties that can be conferred via this document.
Although a guardian and an agent under a durable power of attorney may become authorized to proceed on another person’s behalf, there are some differences between the two routes.
Generally, a guardian is appointed when the ward is not able to make their own decisions, and that guardian serves so long as the court authorizes. By contrast, the power authorized by a power of attorney document can be temporary and might be revoked by the principal.
The two major kinds of power of attorney documents are standard or durable. For a standard power of attorney, the principal must be at least 18 years old. It must be signed by the grantor of the power, as well as two witnesses.
In most cases, a Florida notary public needs to acknowledge the principal’s signature on the standard power of attorney page. Moreover, per Florida Statute §709.2105, if the grantor is not able to sign themselves, the notary may sign on their behalf.
A durable power of attorney differs from the standard form in that it may extend beyond the incapacity of the grantor. Per the Florida Statutes §709.2104, it must contain language that indicates an intent to continue the power, notwithstanding the grantor’s incapacity.
Another type of power of attorney is a military document. If a member of the armed forces is being deployed, they may want to allow someone to act on their behalf while they are gone. Fortunately, there are legal options for military personnel to draft a power of attorney.
If you are feeling wary about allowing another person to act on your behalf, you may want to meet with an attorney first. A Jupiter power of attorney lawyer may be able to explain the various types of authorizations, as well as their implications.