Trusting someone to hold your interests at heart before an expected life-changing event can be nerve-wracking. You may feel unsure about the legal implications of granting a power of attorney, but this option may be ideal for you under certain circumstances. If you need another person to act on your behalf, either because of distance or failing capacity to act in your own interests, or in order to prudently plan for the possibility of incapacity in the future, it may benefit you to consult with an accomplished trusts and estates attorney first. A Stuart power of attorney lawyer might be able to assist with these undertakings and address your concerns. Granting Power of Attorney in Stuart Florida Statutes §709.2102(9) defines power of attorney as a “writing that grants authority to an agent to act in the place of the principal.” Principals—the grantors of a power of attorney—may authorize any or all of the following actions: Managing bank accounts Supervising investments Buying or selling real estate Paying creditors Grants of power of attorney may differ in scope and length of time. A power of attorney lawyer in Stuart can further describe the various type of grants, so that an individual grantor can choose an appropriate one for their needs. Types of Power of Attorney In order to be appointed as an agent with a power of attorney, a person must be at least 18 years old. The written document which grants this power must be signed by the principal who is turning over the authority, as well as by two subscribing witnesses. The power of attorney document generally must be acknowledged by the grantor before a notary public. If the principal is unable to sign by themselves, under Fla. Stat. §709.2105, the notary may sign their name on their behalf upon their direction. Durable Power of Attorney Per the Fla. Stat. §709.2104, a durable power of attorney may continue even after the subsequent incapacity of the grantor. To be valid as a durable power of attorney, the writing must contain language that indicates an intent to extend the power, notwithstanding the grantor’s incapacity. Military Power of Attorney Soldiers who need to extend power of attorney to a loved one must comply with the provisions outlined in 10 U.S.C. §1044b. Generally, this document is honored in Stuart during relevant transactions. Power of Attorney Executed in Another State There are varying requirements for the formalities of power of attorney documents among the 50 states. As stated in Fla. Stat. §709.2106, a writing that meets the requirements for validity in another state will likely be honored in Stuart. Power of Attorney vs. Conservatorship A conservator and a power of attorney share some similarities, but the terms are not one and the same. A conservatorship is typically established through a court process when someone has disappeared, whether while a member of the armed forces or otherwise. A court has the ability to revoke both a conservatorship and a power of attorney. For more information, consult with a knowledgeable lawyer today. Talk to Legal Counsel about Power of Attorney in Stuart If you are considering granting power of attorney to a trusted individual, you may want to speak with an attorney yourself before doing so. A discussion with a Stuart power of attorney lawyer may clear up any ambiguities about what this capability means. Make an appointment to visit the law offices of a local legal professional today before you make a major decision like this.
