A power of attorney is used when a person (called the principal) wants to give legal authority for another person to take action or make decisions as an agent on their behalf. Powers of attorney are routinely used for everything from routine transactions, such as allowing a car dealer to file registration paperwork for the buyer, to major financial or healthcare decisions. The term durable means that a power of attorney will not terminate if the principal is incapacitated as usually happens with a power of attorney.
Durable powers of attorney are frequently created so that a trusted family member can help manage an elderly loved one’s affairs. Another common use is to help a family member who has diminished capacity due to illness, injury, or disability. The power of attorney may be limited in scope, such as to use a checking account to pay bills, or it can give general powers to take any legally valid action.
Our durable power of attorney services include:
- Drafting a durable power of attorney in accordance with state law
- Ensuring that the durable power of attorney meets state requirements to survive the principal’s incapacitation
- Assisting the agent when third parties refuse to recognize the durable power of attorney
- Modifying the durable power of attorney as needed including changing the agent
Role of the Agent
The agent may be any trusted person over the age of 18. They may take any action that is within their explicit authority as well as any action reasonably needed to carry out their authority. In doing so, the agent has a fiduciary duty to act in the principal’s best interests with violations punishable by both a civil restitution order and possible criminal charges.
If you’re looking to create a durable power of attorney near Miami Springs, Miami Shores, North Miami Beach, Hallandale, Hollywood, Fort Lauderdale, Deerfield, Pompano, Delray Beach, Juno Beach, Orlando or any other surrounding areas of Miami-Dade, Broward, Palm Beach, or Orange Counties, contact Patrick Jean-Gilles, P.A. today.