Power of Attorney
Life is unpredictable, and preparing for the unexpected can give you and your loved ones peace of mind. A Power of Attorney (POA) is a legal document that allows you to appoint someone you trust to handle important financial, medical, or personal matters on your behalf. At McNary Law, our attorneys guide individuals and families in Bradenton and Sarasota through the process of creating clear, enforceable powers of attorney that protect their interests and ensure their wishes are carried out.
What Is a Power of Attorney?
A Power of Attorney gives legal authority to a chosen person, known as your agent or attorney-in-fact, to act on your behalf. This authority can be broad or limited, temporary or long-lasting, depending on your needs.
In Florida, powers of attorney are governed by Chapter 709 of the Florida Statutes, which sets requirements for execution, scope, and enforcement. Without a valid POA in place, your family may have to go through lengthy and costly court proceedings to manage your affairs if you become incapacitated.
Types of Powers of Attorney
There are several types of POA in Florida, each serving a different purpose:
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Durable Power of Attorney: Remains effective even if you become incapacitated, allowing your agent to continue managing financial or legal matters.
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General Power of Attorney: Grants broad powers to handle a wide range of matters but usually ends if you become incapacitated.
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Limited or Special Power of Attorney: Authorizes your agent to perform specific tasks, such as selling property or signing documents during your absence.
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Health Care Surrogate Designation (Health Care Power of Attorney): Allows your chosen representative to make medical decisions for you if you are unable to do so.
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Springing Power of Attorney: Once used in Florida, but the law now requires POAs to be effective immediately upon execution, unless tied to health care directives.
Why a Power of Attorney Matters
A properly drafted POA can protect you and your family in times of crisis. Common benefits include:
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Avoiding court-appointed guardianship if you become incapacitated.
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Managing financial obligations such as paying bills, handling banking, or managing investments.
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Making timely medical decisions aligned with your values.
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Providing peace of mind knowing someone you trust is legally empowered to act.
Without one, your loved ones may face legal delays and added stress while trying to care for you.
Choosing the Right Agent
Your agent should be someone you trust completely, as they will have access to sensitive financial or medical decisions. Many people choose a spouse, adult child, or trusted friend. Our attorneys will help you define your agent’s powers clearly to prevent abuse and ensure accountability.
Frequently Asked Questions
Is a Power of Attorney valid after death?
No. A POA becomes invalid upon death, and the estate is then managed through probate or trusts.
Can I revoke or change my Power of Attorney?
Yes. As long as you are competent, you can revoke or update your POA at any time.
Do I need both a financial and medical Power of Attorney?
Yes. Having both ensures that your financial and health care needs are addressed without delay.
What happens if I don’t have a Power of Attorney?
Your family may need to petition the court for guardianship, which can be costly, stressful, and time-consuming.
How McNary Law Can Help
At McNary Law, we understand that creating a Power of Attorney is about more than signing paperwork—it’s about safeguarding your future. Our compassionate, knowledgeable attorneys take the time to understand your unique needs and guide you through drafting a document that provides clarity, protection, and peace of mind.
We proudly serve clients throughout Bradenton, Sarasota, and Manatee County, and many of our estate planning services can be handled remotely for your convenience.
Take the Next Step
Planning ahead ensures that your voice is heard when it matters most. Contact us below to schedule a consultation about your Power of Attorney needs.