Power of Attorney

At Biello & Soowal, PLLC, we believe that estate planning is about more than deciding who inherits your property. It is about making thoughtful decisions today that prepare you and your family for the unknown.

One of the most critical but often overlooked tools in estate planning is the Power of Attorney. This legal document empowers someone you trust to act on your behalf should you become unable to manage your affairs. Establishing a valid Power of Attorney in Florida is not only prudent—it can be a lifeline during moments of crisis.

As Florida Power of Attorney lawyers, we work with individuals and families across the state to draft, review, and update these important legal instruments. Whether you are planning for long-term care, managing the transition into retirement, or navigating a complex medical condition, we are here to ensure your wishes are protected and your affairs remain in trustworthy hands.

What Is a Power of Attorney?

A Power of Attorney (POA) is a legal document that allows a designated person, referred to as an agent or attorney-in-fact, to make decisions and take actions on your behalf. These actions may include handling financial transactions, managing real estate, making healthcare decisions, or executing legal documents.

The scope of a POA can be narrow or broad, depending on how it is drafted. In Florida, the governing statute is Chapter 709 of the Florida Statutes, which outlines the legal requirements and limitations of POAs.

The principal—the person granting the power—must be an adult of sound mind. The document must be in writing, signed by the principal, and witnessed by two adults. It must also be notarized. Florida law does not allow springing Powers of Attorney executed after October 1, 2011, meaning the POA becomes effective immediately upon execution rather than being triggered by future incapacity.

Types of Power of Attorney in Florida

We help our clients understand and select the POA that best fits their goals. In Florida, the most common types include:

• General Power of Attorney: This grants broad authority over financial and legal matters. It is typically used when someone needs comprehensive help managing their affairs but is still mentally competent.
• Limited or Special Power of Attorney: This type provides authority for specific tasks, such as selling property or managing a business transaction. It terminates once the task is completed or a date is reached.
• Durable Power of Attorney: This is the most critical type for long-term planning. A Durable POA remains in effect even if you become incapacitated. It is a powerful tool that can prevent the need for court-appointed guardianship in the future.
• Medical or Healthcare Power of Attorney: In Florida, healthcare decisions are governed by a separate document called a Designation of Health Care Surrogate. Though not technically a POA, it serves a similar function for medical decision-making.

As experienced estate planning attorneys in Florida, we guide clients through the nuances of each option to create a document that reflects their personal needs and legal goals.

The Legal Requirements for a Valid Florida POA

Florida has strict statutory requirements to ensure the enforceability of a Power of Attorney. According to Florida Statutes §709.2105, the document must:

• Be signed by the principal in the presence of two witnesses.
• Be notarized.
• Name an agent at least 18 or a financial institution authorized to conduct trust business in Florida.
• Include specific language to grant certain powers, such as the ability to make gifts or amend trusts.

Furthermore, Florida law allows for the designation of a successor agent if the primary agent becomes unavailable. We always recommend naming an alternate to prevent gaps in authority.

When you work with us, we ensure that your Power of Attorney is drafted correctly, legally valid, and customized to fit your wishes. We also offer guidance on how to store and communicate your POA to banks, healthcare providers, and family members to avoid complications in a crisis.

Benefits of Having a Power of Attorney

The most significant benefit of a POA is peace of mind. With a properly executed POA, you retain control over who will act on your behalf and how they will manage your affairs. Without one, your loved ones may need to petition the court for guardianship—a time-consuming, expensive, and potentially contentious process.

Here are just a few ways a POA can protect your interests:

• Ensure that bills are paid and property is maintained during illness or absence.
• Allow someone you trust to speak with insurance companies, financial institutions, or government agencies.
• Avoid delays in medical care or financial management.
• Prevent fraud or misuse of funds by limiting authority through specific language.

A Florida Power of Attorney lawyer can help you craft a document addressing routine needs and emergency scenarios.

Consequences of Not Having a Power of Attorney

Failing to establish a POA can lead to frustrating and costly consequences. If you become incapacitated without a valid POA, your family may have no choice but to pursue legal guardianship. This involves filing a petition, attending hearings, undergoing medical evaluations, and potentially placing your affairs in the hands of a court-appointed guardian.

Guardianships are often emotionally difficult and can create conflicts among family members. They also involve ongoing court oversight and fees. By contrast, a POA allows you to plan, choose your agent, and minimize disruption in your life and finances.

In Florida, data from the Department of Elder Affairs and Adult Protective Services highlights the risk of exploitation among incapacitated adults. Financial abuse cases often stem from individuals who lacked a properly drafted POA or failed to appoint a trustworthy agent. We help our clients avoid these risks by building safeguards into their documents.

How a POA Fits Into Your Broader Estate Plan

A Power of Attorney is just one piece of the estate planning puzzle. At Biello & Soowal, PLLC, we take a holistic approach. We help clients integrate POAs into broader plans that may include:

• Wills to direct asset distribution.
• Revocable or irrevocable trusts to manage wealth during and after life.
• Designations of Health Care Surrogate and Living Wills to govern medical care.
• Pre-need guardianship designations to name a preferred guardian in case one is needed.

By coordinating your estate documents, we ensure your plan functions smoothly, reduces the likelihood of disputes, and maximizes legal protection.

When to Review or Update a Power of Attorney

Like any legal document, a POA should be reviewed periodically—especially after major life events such as marriage, divorce, retirement, relocation, or changes in financial circumstances. You should also update your POA if:

• Your named agent becomes ill, dies, or is no longer trustworthy.
• Florida’s laws regarding POAs change.
• You move to or from another state.

We recommend revisiting your Power of Attorney every three to five years. As Florida estate planning attorneys, we help our clients make sure their documents stay relevant and effective as life evolves.

Choosing the Right Agent

Selecting the right agent is just as important as drafting the document itself. Your agent should be:

• Trustworthy and financially responsible.
• Willing and able to serve.
• Familiar with your values and preferences.
• Located nearby, if possible, to assist with urgent matters.

You may also name co-agents to serve simultaneously or designate a monitoring individual to receive records of transactions. We help clients weigh the pros and cons of these decisions to build a reliable and flexible plan.

Frequently Asked Questions

Can a Power of Attorney be revoked?

Yes. As long as you are mentally competent, you can revoke or amend your POA at any time by executing a written revocation and notifying all parties who have relied on the original document.

Can my agent make medical decisions with a POA?

Not with a standard financial POA. In Florida, you need a separate Designation of Health Care Surrogate for medical decisions. We can prepare both documents to ensure complete coverage.

Will my POA work in another state?

Possibly. While many states recognize out-of-state POAs, laws and forms vary. If you own property in multiple states or move frequently, it is best to consult an estate planning attorney in each state to ensure compliance.

What happens if my POA is challenged?

Disputes can arise, particularly if other family members question the agent’s actions. That’s why working with a qualified Florida Power of Attorney lawyer who drafts the document clearly and includes protective language to avoid ambiguity is critical.

Does a POA survive my death?

No. A Power of Attorney terminates at your death. After that point, your representative (named in your will) takes over. This highlights the importance of having a complete estate plan in place.

Work With a Florida Power of Attorney Lawyer Who Cares

At Biello & Soowal, PLLC, we are dedicated to helping Florida families protect what matters most. Our estate planning process is hands-on, compassionate, and customized to your needs. Whether you need a simple POA or a complete estate plan, we will guide you with clarity and care.

We offer consultations to answer your questions and explore your options. Do not leave your future to chance. Let us help you take control of your legal and financial security.

Contact our office today to speak with a knowledgeable Florida Power of Attorney lawyer. Your peace of mind starts with a conversation.