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Understanding POA

On Behalf of | Jun 3, 2025 | Firm News

When it comes to planning for your future, creating a Durable Power of Attorney (DPOA) is one of the most important steps you can take. Whether you live on the Treasure Coast – including Martin County and St. Lucie County – or in the Palm Beaches – including Jupiter, Palm Beach Gardens or West Palm Beach – having a valid Durable Power of Attorney can protect you and your loved ones if you become unable to manage your own affairs.

At The Siegel Law Firm, P.A., we help clients across the Treasure Coast and Palm Beaches understand the importance of a Florida Durable Power of Attorney and guide them through the process with care and expertise.

What Is a Durable Power of Attorney in Florida?

A Durable Power of Attorney is a legal document that allows you (the “principal”) to authorize another person (the “agent” or “attorney-in-fact”) to manage your financial and legal matters. “Durable” means that the authority remains in effect even if you become incapacitated.

Without a DPOA in place, your family might have to go through an expensive and time-consuming court guardianship process to make decisions on your behalf.

Why Is a Durable Power of Attorney Important on the Treasure Coast and in the Palm Beaches?

Florida law is very specific about what a Durable Power of Attorney must include to be valid and effective. If you don’t have a properly prepared document, banks, title companies and other institutions in Palm Beach, Martin and St. Lucie counties may reject it – causing serious delays and problems for your loved ones.

A properly prepared DPOA can give your agent the ability to:

  • Pay your bills
  • Manage your investments
  • Sell or purchase real estate
  • Handle your business affairs
  • Apply for government benefits (like Medicaid or VA benefits)
  • Access and manage digital accounts

Key Features of a Florida Durable Power of Attorney

  • Effective Immediately: In Florida, a Durable Power of Attorney becomes effective as soon as it is signed and notarized. It does not “spring” into effect upon incapacity (unlike in some other states).
  • Specific Powers Required: Florida law requires “superpowers” like the ability to create or amend trusts, make gifts, or change beneficiary designations to be specifically listed and initialed to be valid.
  • Updated for 2011 Law Changes: Florida made major changes to its power of attorney laws in 2011. If your document is outdated, it’s a good idea to have it reviewed to ensure it complies with current law.

Common Mistakes to Avoid

  • Using a Generic Form: Online or generic forms often don’t meet Florida’s strict requirements.
  • Not Updating Old Documents: An outdated Durable Power of Attorney may cause delays or even be rejected.
  • Choosing the Wrong Agent: Pick someone trustworthy, responsible and able to act in your best interests.

Getting the right legal advice can prevent these issues – and that’s where The Siegel Law Firm, P.A., can help.

How The Siegel Law Firm, P.A., Can Help

At The Siegel Law Firm, P.A., we work closely with clients in Palm Beach County, Martin County, St. Lucie County, and across the entire Treasure Coast and Palm Beaches to create Durable Powers of Attorney tailored to their specific needs and goals. We ensure your document meets Florida’s legal requirements and gives you peace of mind knowing your affairs will be properly managed if needed.

Any questions? We’re here to help. Contact The Siegel Law Firm, P.A., today to schedule a consultation and start protecting your future.