If you live on the Treasure Coast – in Martin County or St. Lucie County – or in the Palm Beaches – including Palm Beach County – it’s important to understand a key change in Florida law: Florida no longer recognizes “springing” powers of attorney.
At The Siegel Law Firm, P.A., we help clients throughout the Treasure Coast and Palm Beaches stay up-to-date with the latest estate planning laws to ensure their documents work exactly when they are needed.
What Is a Springing Power of Attorney?
A springing power of attorney is a legal document that would only “spring” into effect if the person who created it (the “principal”) became incapacitated.
In the past, this allowed people to sign a power of attorney but delayed its activation until a doctor confirmed their incapacity.
Florida Law: No More Springing Powers of Attorney After 2011
Florida changed its rules regarding powers of attorney in 2011. One of the most important updates: Springing powers of attorney are no longer valid for documents created after October 1, 2011.
Today, when you sign a durable power of attorney in Florida, it becomes effective immediately.
Your chosen agent can act without needing a doctor’s letter or other proof of incapacity.
This rule applies across Palm Beach County, Martin County, St. Lucie County, and throughout the entire Treasure Coast and Palm Beaches.
Why Did Florida Eliminate Springing Powers of Attorney?
Florida eliminated springing powers of attorney to avoid delays, confusion, and legal disputes over what constitutes incapacity.
In the old system, banks, title companies, and financial institutions often required multiple doctor letters or even court orders, causing significant problems when fast action was needed to protect someone’s finances or health.
Today’s approach ensures that agents can act immediately when help is needed.
What This Means for You
- Immediate Authority: When you sign a Durable Power of Attorney in Florida, your agent’s authority is activated right away.
- Choosing the Right Person Matters: You must pick someone you trust without question because they can act immediately on your behalf.
- Old Documents May Not Work: If your power of attorney was signed before 2011, or if it has springing language, it may not be valid under Florida’s current law. It’s critical to have it reviewed.
Why Updating Your Power of Attorney Is Critical
At The Siegel Law Firm, P.A., we frequently review old powers of attorney for residents of Palm Beach, Martin, and St. Lucie counties.
We make sure your documents comply with current Florida law so your family is protected when it matters most.
Updating your Durable Power of Attorney ensures
- Fast access to financial and legal accounts
- No unnecessary court battles
- Peace of mind for you and your loved ones
Contact The Siegel Law Firm, P.A., Today
If you live anywhere on the Treasure Coast or the Palm Beaches, it’s crucial to make sure your power of attorney is current and effective.
Any questions? We’re here to help.
Contact The Siegel Law Firm, P.A., today for a consultation about creating or updating your Florida durable power of attorney.