As individuals age, they are more at risk for injuries or illnesses that incapacitate them or render them unable to make responsible decisions for their medical care or finances. In those instances, having a power of attorney or durable power of attorney is crucial for ensuring that someone the elderly person trusts is given the ability to make the best decisions for them. When deciding to grant Florida durable power of attorney in Boca Raton, working in tandem with an estate planning lawyer is essential. The Millman Law Group, founded in 2018 by Aaron D. Millman, Esq., CPA, is equipped to help you navigate the complexities of durable power of attorney (DPOA). Our attorneys advocate for our clients and provide the consistent, patient, and professional services you require while recommending the best decisions for their estate.
What Makes Durable Power of Attorney Unique
There are two types of power of attorney: standard and durable. Standard power of attorney gives a person, the “agent,” the right to oversee and handle certain matters, often financial or medical, for another person, “the principal.” However, this power ends if the principal granting POA becomes incapacitated or mentally incompetent.
Durable power of attorney grants an agent the same authority over the principal’s affairs, but this power remains intact if the principal experiences a mental decline. DPOA was designed to support cases in which Alzheimer’s, dementia, or medical emergencies arise.
The Responsibilities of Florida Durable Power of Attorney
Power of attorney is a legal document where a principal designates an agent to act on their behalf. The principal can specify which powers are granted , and once the document is signed, the power of attorney goes into effect immediately.
The agent granted Florida durable power of attorney in Boca Raton has complete control over the principal’s estate. They can file tax returns, manage accounts, and buy or sell property. They can also make medical decisions, including providing consent to proceed with or terminate medical or surgical procedures. The agent is accountable for their actions by law and must record all transactions and decisions made on behalf of the principal.
Why Working With a Lawyer is Essential
Establishing durable power of attorney in Boca Raton can be hugely beneficial. However, it can be complex, so working with an estate planning lawyer is always best. Your lawyer at the Millman Law Group can help you discern which powers you should designate in your DPOA document. If certain powers are not mentioned, the agent may not be able to meet all of your future needs. Additionally, principals can name co-agents or successor agents.
After the principal dies, their estate documents govern all financial matters. People may grant the same person durable power of attorney and executorship, but they don’t have to. Your estate planning lawyer can help you navigate this process.
Find Peace of Mind with Durable Power of Attorney
A court-appointed guardian will take control if you do not grant Florida durable power of attorney in Boca Raton. This may be a worrisome situation for many families, especially when the elder relative had specific wishes for their health in the case of mental decline or incapacitation. Durable power of attorney can be a way to plan for the unexpected, but everyone involved must be on the same page. Your Millman Law Group attorney will help ensure that you and your family make the best decisions for your future.
Contact The Millman Law Group To Establish Florida Durable Power of Attorney in Boca Raton
Millman Law Group, PLLC is one of the only law firms that offers life planning in South Florida. From life care planning to the preparation of detailed estate plans, Millman Law Group has committed to serving Floridian elderly communities in Boca Raton, Palm Beach County, Ocean Ridge, Hillsboro Beach, and many other areas since 2018. Our dedicated team specializes in special needs trusts and catering to any age demographic because we know that it’s never too early to start preparing for your future. For the latest news in estate planning and elder care law, follow us on Facebook, Twitter, LinkedIn, and Pinterest. You can also contact us at 561-463-6480.