Powers Of Attorney

A Power of Attorney is a document that allows one person, known as the principal, to grant or delegate their rights to another person, known as the attorney-in-fact, to act on their behalf. The extent of power granted by the principal and the actions that the attorney-in-fact can undertake depend on the specific type of Power of Attorney. It is important to note that every Power of Attorney creates an agency relationship between the principal and the attorney in fact. Careful thought should be given by both the principal and the agent prior to creating such an agency relationship.

There are various types of documents recognized as Powers of Attorney. For instance, Limited Powers of Attorney serve as a convenient means for engaging in specific transactions, such as the purchase or sale of a car, boat, or real property. Durable Powers of Attorney allow the principal to delegate authority for some or all transactions to a spouse, adult child, parent, or other trusted family member.

Durable Power of Attorney

When a Power of Attorney states that the attorney-in-fact’s authority remains in effect even if the principal becomes incapacitated, it is referred to as a “Durable Power of Attorney”. Most Powers of Attorney in Florida are durable.

General Power of Attorney

A General Power of Attorney typically enumerates the actions that the attorney-in-fact is authorized to take on behalf of the principal. In the absence of restrictions, the attorney-in-fact has the discretion to perform any legal act related to the designated list of authorized activities. If not specified, a general power of attorney is not durable.

Limited Power of Attorney

A Limited Power of Attorney grants the attorney-in-fact authority to engage in specific transactions, such as the purchase or sale of a car, boat, or real property.

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