Many people have heard of a Power of Attorney, or came in contact with an organization that required one at some point or another. However, very few of us have heard of Guardianship proceedings or understand the process of obtaining Guardianship over a loved one. 

 

In Florida, a Power of Attorney can be executed for reasons as simple as granting permission to register a vehicle, selling a timeshare, maintaining  a property, or as complex as making healthcare decisions, property and finance decisions over someone else's belongings.

 

A Power of Attorney must be drafted and executed properly in Florida to ensure proper protections are set. "The Principal" or loved one who is giving away the power, must be of sound mind to execute the document. 

 

In the event the Principal is not of sound mind, the family should look into Guardianship proceedings. In Florida, the proceedings are fairly straightforward but clients should consult a Florida Estate planning attorney to determine which option is best for their individual situation. 

 

There are a number of different types of Power of Attorney or POA documents such as a Florida Durable POA which allows the client to cover most decisions such as healthcare, property and finances. Whereas, other circumstances will require a Limited Florida Power of Attorney document.

 

It is important to understand why a POA will be required in Florida and which organizations may request the document. In some instances, the client will be required to have this document prepared themselves, other circumstances may only require the client to execute a pre-drafted documents. 

 

Our office receives calls with regards to these pre-printed documents. We advise clients to consult with a Florida Estate Planning Attorney prior to executing any documents that grant power over their assets or important decisions.