Tampa Power of Attorney

There are often situations where you need someone to act on your behalf. This may be a one-time affair, such as authorizing someone to sell a piece of real estate you own. Or it may be that you are physically or mentally incapacitated and can simply no longer manage your own financial affairs.

The way to address these scenarios is to sign a power of attorney. A power of attorney is an important estate planning tool that helps to ensure that someone you trust is making important financial decisions for you. Our Tampa power of attorney lawyer can assist you in drafting a power of attorney that conforms to your instructions. Knudsen Law is a full-service Florida estate and probate firm that can advise you on a wide range of matters related to a power of attorney.

What a Florida Power of Attorney Can (and Cannot) Do

A power of attorney is essentially a written grant of authority by a principal to an agent. The principal grants the agent certain powers to act on the principal’s behalf. Some powers of attorney limit the agent to performing specific acts, while a general power of attorney may effectively grant the agent full power over all of the principal’s money, assets, and other property.

Under Florida law, a power of attorney terminates if the principal becomes incapacitated. It is possible, however, for the principal to sign a “durable” power of attorney, which remains in effect even during incapacity. Durable powers of attorney can often help avoid the need for the appointment of a guardian or other fiduciary in the event a person becomes unable to handle their own finances and property. Keep in mind that a power of attorney always terminates upon the principal’s death.

An agent acting under a power of attorney is considered a “fiduciary” under Florida law. Among other things, this means the agent is required to act in accordance with the principal’s instructions and not misuse or misappropriate the principal’s property for their own benefit. An agent may face civil or criminal liability if they violate this duty.

Additionally, Florida law does not allow an agent to perform certain tasks under a power of attorney. Some examples include:

• The agent cannot act as the principal’s attorney-at-law–i.e., represent the principal in court–unless they are also a licensed member of the Florida Bar.
• The agent cannot sign an affidavit or similar legal document stating the principal has knowledge of certain facts.
• The agent cannot vote for the principal in any election for a government office.
• The agent cannot create, revoke, or amend the principal’s will.
• The agent cannot perform a personal service that the principal was under contract to perform.

Reach Out to Our Tampa Power of Attorney Lawyers

The goal of a power of attorney is to designate a trusted person to act when you are unavailable or unable to do so yourself. Our Tampa power of attorney lawyer can walk you through the process of creating a power of attorney. Contact Knudsen Law today at (727) 398-3600 to schedule a consultation.