There are times when one may require another to make decisions on their behalf. This time may come due to illness, incapacity, or one simply knowing they will be unavailable. In these types of circumstances a “power of attorney” may be used to grant decision making authority to another. Authority granted may relate to the management of finances, decisions regarding healthcare, and more. Having experienced counsel is important when creating a power of attorney. Counsel can help to ensure that an individual receives the amount of authority needed, but no more. Lindsey Gardner Shneyder is a Melbourne estate planning lawyer who can assist with creating a POA. Contact us online or by telephone to schedule an initial consultation.
Melbourne estate planning attorney helping those who need another to make financial or healthcare decisions
A power of attorney (POA) is an instrument through which one grants decision making authority to another. The instruments can be used to delegate financial making authority or the authority to make healthcare decisions. The individual who receives authority under a POA is known as the “agent.” POA’s can be set up to go into effect and to end at certain times. They can also be set up to go into effect when a triggering event occurs. A POA will generally in the event that the person granting authority becomes incapacitated. If the instrument remains in effect, during incapacity, then it is known as a “durable power of attorney.”
Florida requires that someone be at least eighteen years of age to serve as a power of attorney in the state. Financial institutions may also serve as a power of attorney as long as they meet certain requirements. For the instrument to be valid, it must be in writing and signed by the principal (the person granting authority) and two witnesses. These signatures must occur in the presence of a notary and the principal must acknowledge the witnesses. It is crucial that the instrument be highly specific. Included details should include the scope of the power being given, the duration of any authority, a clear statement as to when the instrument will become effective, and more. Failing to clearly spell out these provisions can result in the POA conveying more or less power than what was intended. This, in turn, can lead to an abuse of authority or an inability to meet the goals of the instrument.
Lindsey Gardner Shneyder is a Melbourne estate planning attorney who can create a POA on behalf of yourself or a loved one. Lindsey will use your initial consultation to gain an understanding of why the POA is necessary. She will then suggest options so that the right amount of authority is granted, but not more. Lindsey will draft the document and ensure that it is properly executed so there can be no challenges to its validity. She will also be available to make future changes to the document if necessary. All of this is typically completed as part of a larger estate plan, but a POA can also be completed separately. Our firm understands the importance of these decisions. Contact us online or by telephone to schedule an initial consultation.
Melbourne lawyer helping Florida residents with broader estate planning
Our firm assists with all aspects of estate planning. This includes the creation of a last will and testament, the creation of a living trust, and more. When creating such plans for individuals and their families, it is important to recognize that no two situations are the same. This is why Lindsey takes an individualized approach to each and every case she handles. Our attorney will look at the specifics of your situation and devise the solution that is best suited to your particular needs. It is our goal to provide this high level of service to every client we serve. We look forward to speaking with you.
In addition to Melbourne our firm also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.