Retaining control over one’s affairs is central to property rights in Stuart and throughout the state of Florida. However, situations may arise where you wish to give another person permission to do things that normally only you can do.
You can achieve this goal by creating a power of attorney. If properly created, these documents allow other people to perform key tasks such as selling property, making medical decisions, and spending bank funds. However, people who wish to make these arrangements must follow specific procedures.
The role of a Stuart power of attorney lawyer is to advise people of their rights to create powers of attorney. An attorney can also draft the documents, ensure proper execution, and present these documents to courts and other entities when necessary to prove the existence of the arrangement.
The most important thing to remember about a power of attorney is that it is voluntary. Unlike guardianships that require court approval and a declaration of incompetency, people can only enter into powers of attorney of their own volition and if they are of sound mind.
According to Fla. Stat. §709.2103, people may create powers of attorney to deal with issues regarding:
In addition, a power of attorney may be general or limited. A general power of attorney gives the agent full authority to deal with all the signor’s rights and obligations. By contrast, a limited power of attorney empowers an agent to perform a specific function, such as selling a home. A Stuart power of attorney lawyer can help explain the role that a power of attorney can have in promoting a person’s interests when he or she is unable to take on that responsibility.
A Stuart power of attorney lawyer can help craft powers of attorney that meet all state legal qualifications. The first step is to ensure proper execution of the document. Under Fla. Stat. §709.2105, the principal must sign the document. In addition, two witnesses must also sign the document, and it must contain a notary’s seal.
The role of a Stuart power of attorney lawyer in this step of the process is to ensure that the document fits all legal requirements. An attorney can help gather qualified witnesses and arrange for a notary to observe the signing. A lawyer can also help ensure that a nominated agent meets the qualifying factors under state law. Finally, an attorney can help to clarify any disagreements that may arise when an agent attempts to use a power of attorney to perform tasks for the benefit of the principal. In short, an attorney helps an agent under a power of attorney comply with the stated goals of the principal in a legally valid manner.
At some point, maintaining control over our own affairs may be difficult. For example, think of situations when you may be out of the country for an extended period of time or when health makes it difficult to perform essential tasks.
In situations such as these, a power of attorney document can allow another party to perform tasks on your behalf. These permissions can take the form of general powers that allow another party to perform any task deemed necessary or specific powers that give limited authority to the agent.
In either event, the role of a Stuart power of attorney lawyer is to provide guidance throughout the process. An attorney can help explain how a power of attorney may benefit and protect you and your loved ones. Contact a Stuart power of attorney lawyer today to explore your options.