Did You Know a Power of Attorney Makes You an…Attorney?!

The title of this blog post is a common misconception about Power of Attorney documents (moving forward referred to as POA).  If a POA document made you an Attorney, I know tons of people (including myself) who would have skipped the whole law school and bar exam thing and just had one of these babies executed.   In Florida, Florida Statutes Chapter 709 covers Powers of Attorney and Similar Instruments.   There are different types of POAs:

General Durable Power of Attorney
Is a document that allows the principal to provide authority to an individual, known as an attorney-in-fact, to manage personal finances, assets and decision making on behalf of principal in the event that the principal is unable to do so.

Special/Limited Durable Power of Attorney
A special/limited durable power of attorney can be executed by a principal for a specific transaction, time period or other limited purpose.  For example, in Florida a POA to transfer real estate must be specifically for that purpose.

You want to be sure that your POA will be accepted and will authorize the attorney-in-fact to take the actions desired by the principal.  Because POAs are such important documents, it is not recommended that you just pull one off the internet.  If you are in need of a POA then you should really have an attorney draft such a document for you.  CLF is happy to prepare POAs (both general and special) as well as healthcare directives.

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