Powers of attorney are an important part of a complete estate plan. Detailed state laws govern these special documents. Based in Englewood, Florida, the law office of Cameron Loh, ESQ PLLC helps each estate planning client ensure that the necessary and appropriate powers of attorney provide full protection during their lifetime.

Powers of attorney protect you in the event of sudden illness or injury that causes incapacity or if the infirmities of age compromise your ability to fully function independently. Under these circumstances, concerned loved ones may feel compelled to act, but they may lack the legal authority to do so, which can delay essential care, threatening health and welfare when you are most vulnerable. To protect yourself and your loved ones, you need to put powers of attorney in place to provide clear legal authority to make decisions if you are unable to do so.

What Is a Power of Attorney?

A power of attorney or POA is a specific type of legal document. The person creating and executing the power of attorney (the principal) authorizes another person (the agent) to perform specified legal actions on behalf of the principal. A power of attorney can be broad or limited in scope. There are many types of POAs, all of which are governed by Florida statutes. If a POA does not meet the statutory requirements, it will not be valid in the state.

A complete Florida estate plan includes two types of powers of attorney. In a durable power of attorney, you designate a trusted person to handle your finances and make decisions on your behalf in event you become incapacitated. If you have an accident, medical emergency, or health condition that makes you unable to make your own decisions, and you do not have a durable power of attorney in place, your loved ones likely will need to commence guardianship proceedings in court to get authority to make decisions on your behalf. A specific Florida law applies to durable powers of attorney.

A second type of POA, called a health care surrogate designation, is governed by a different Florida law. In your designation of a health care surrogate, you designate a specific individual to make medical decisions on your behalf in the event you are unable to make them yourself. A health care surrogate designation is part of an advance directive, which may also contain other documents, such as a living will.

Cameron Loh helps clients prepare a durable power of attorney and health care surrogate designation that comply with all requirements of Florida law and that fully reflect the client’s wishes concerning management of their affairs and health care decisions in the event of incapacity.

Why Legal Counsel for POAs Is Important

You may think that you can prepare a durable power of attorney or health care surrogate designation without help from a lawyer. While the law does not require an attorney to create either document, it is strongly advised that you help from a lawyer before executing any form that purports to be a POA or health care surrogate designation.

Cameron Loh makes certain that your POA and health care designation conform with all applicable requirements of Florida law. In addition, he discusses your needs and wishes with you to ensure that the contents of the documents contain precisely the authority you want the designated agent to have. If you execute forms without this guidance, your documents may not be valid in Florida, or they may not fully implement your wishes. Cameron works closely with you and your loved one to evaluate each area where power of attorney is advisable, to provide you with comprehensive coverage for any foreseeable emergency.

Family members sometimes find it difficult to talk to a senior loved one about the need for power of attorney documents. An elder may find it hard to admit they may need assistance, especially from their children, and are uncomfortable even considering a reversal of roles which puts them under their children’s authority. Cameron is very familiar with this dynamic and can advise you on effective ways to broach the subject with your elder loved ones.

Advance Directives in an Estate Plan

A health care surrogate designation is part of what is often referred to as an advance directive, which is a document or series of documents that explain your wishes for medical treatment in the event you become unable to make those decisions yourself.

The surrogate designation designates a person to act on your behalf in making medical and health care decisions. An advance directive may also include a living will, which expresses your wishes concerning life-prolonging treatment in circumstances where there is no reasonable medical expectation of recovery. Finally, your estate plan should include a HIPAA Authorization form to authorize your agent or health care surrogate to receive protected private information on your behalf.

Cameron Loh assists estate planning clients with all components of an advance directive that they wish to include in their estate plan.

Powers of Attorney for Out-of-State Residents

If you are a resident of another state who spends part of the year in Florida, you may already have powers of attorney from another state. Those documents may be legally valid in Florida to the extent they comply with Florida statutory requirements. However, as a practical matter, your agent may experience practical problems with acceptance of out-of-state forms in Florida. Getting legal counsel or going to court may be necessary to use the out-of-state POAs.

The best approach for an out-of-state resident who spends time in Florida is to have a second set of powers of attorney that specifically comply with Florida laws and follow the standard Florida format. Cameron Loh works with out-of-state residents who need to put these additional documents in place.

Learn More

We welcome you to contact Cameron Loh to schedule a no-cost, no-obligation consultation to discuss a durable power of attorney, health care surrogate designation, and other parts of an advance directive as part of your estate plan. We can also help with other types of powers of attorney, such as those relating to representation in specific legal or business matters. We provide exceptional personal service to every client.

Our fees for legal services are always reasonable and competitive. In our initial discussion with you, we explain all the details about the fees for the services you wish to consider.