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Tampa Business Litigation Attorneys / Tampa Power of Attorney

Tampa Power of Attorney

In Florida, a power of attorney allows you, as the principal, to name another person, the agent, to make decisions for you if you are ever unable to make them for yourself. The main purpose of a power of attorney is to give someone the authority to make financial decisions on your behalf. If you would like to designate someone to make medical decisions for you, it is important to draft a healthcare surrogate document. There are different types of powers of attorney and before they are considered legal, they must meet certain requirements. Below, our experienced attorney explains more about a Tampa power of attorney.

Types of Powers of Attorney

There are many different types of powers of attorney you can use but the one that is right for you will depend on your personal situation. The authority you give your agent can be very general, or quite specific. The different types of powers of attorney in Florida are as follows:

  • General power of attorney: A general power of attorney gives the agent the authority to make decisions about banking, handle government benefits, buy or sell real estate, and more.
  • Durable power of attorney: A durable power of attorney gives your agent the authority to make decisions on your behalf if you become incapacitated in the future. The language in a durable power of attorney must be very specific so it is important to work with an attorney who can execute your document and ensure it contains the proper language.
  • Limited or special power of attorney: You can give your agent the authority to make decisions on your behalf for a limited period of time with a special or limited power of attorney. For example, if you have to travel out of the country, you may assign a limited power of attorney to an agent you would like to complete a real estate transaction for you while you are away.

It is important to note that as of 2011, springing powers of attorney are no longer recognized in Florida. These types of power of attorney only became effective once a person became incapacitated. Today, all powers of attorney are effective immediately.

Requirements for Power of Attorney

The most important requirement for a power of attorney to be valid and enforceable is that you must have the proper mental capacity to draft one. You must be fully aware that you are drafting a power of attorney and know the exact authority you are giving your agent.

While you must sign the power of attorney, of course, two witnesses must also sign it. All signing must be done in front of a notary, and it is important not to overlook this requirement. Signing in front of a notary is the only way to ensure your document is legal and valid.

Call for More Information About Power of Attorney in Tampa

If you would like more information about a Tampa power of attorney, our experienced attorney at BBDG Law can provide it. Call us now at (813) 221-3759 or contact us online to schedule a consultation and to learn more.