Durable Powers Of Attorney And Port St. Lucie Lawyers Can Help Manage Your Affairs
Last updated on March 26, 2026
If you lose the capacity to manage your own financial, legal and medical affairs, you can name someone to do so for you in a durable power of attorney. At The Siegel Law Firm, P.A., we can work with you to explain your options, educate you on your rights and create the right power of attorney for you. We have offices in Jupiter and Port St. Lucie and serve clients throughout the surrounding communities.
How Does A Durable Power Of Attorney Work?
In Florida, a durable power of attorney permits you, the principal, to designate an individual, the agent, to act in your legal capacity in a variety of circumstances. Under Florida law, a durable power of attorney must be signed in front of two witnesses and a notary.
A principal may execute a power of attorney to be either very broad or quite specific. For example, you may have done a limited power of attorney when you purchased a car so the dealership could transfer the title of your vehicle. On the other hand, there are several advantages to creating a broader durable power of attorney as part of your estate plan. A properly drafted durable power of attorney can allow an agent to carry out important financial powers, including but not limited to managing your brokerage and bank accounts, real estate and other financial matters.
Busting A Myth About Durable Powers Of Attorney
One of the most common myths concerning a durable power of attorney is that it only becomes effective when the principal becomes incapacitated. However, Florida law states that “…a power of attorney is ineffective if the power of attorney provides that it is to become effective at a future date or upon the occurrence of a future event or contingency.” (See Florida Statute 709.2108(3)).
Therefore, it is crucial to recognize that as soon as you sign a durable power of attorney, all the powers listed on the document go into effect immediately and not upon your incapacity. This can obviously seem concerning, if not downright scary, for many people when considering the creation of a durable power of attorney. However, a durable power of attorney can be very important as part of your estate plan, saving you and your family significant time and money in the event of your incapacity.
Who Should Have A Durable Power Of Attorney?
Every adult in Florida should have a durable power of attorney regardless of their net worth. Life is unpredictable, and a sudden illness or an accident can leave you unable to manage your affairs. Without this document, your family might have to go through a lengthy and expensive court process to gain guardianship. This is true for young adults, parents and retirees alike. By signing a durable power of attorney now, you ensure that someone you trust can step in immediately if a crisis occurs.
Choosing The Person To Grant Durable Power Of Attorney
Selecting your agent is a significant decision that requires careful thought. You should choose someone who is organized, trustworthy and comfortable handling financial matters. This person does not need to be a financial professional, but they must have good judgment. Popular options include:
- A spouse
- An adult child
- A sibling
- Another relative
- A close friend
It is also wise to name a successor agent in case your first choice is unable to serve. Always discuss your wishes with an estate planning attorney and your chosen person ahead of time to make sure that they can take on the responsibility.
What Can A Durable Power Of Attorney Accomplish?
A durable power of attorney allows your agent to handle tasks that keep your life running smoothly. Examples include:
- Paying bills
- Managing checking or savings accounts
- Filing your tax returns
- Applying for government benefits
- Selling or managing real estate property
- Managing retirement accounts
- Making investment decisions
- Handling insurance claims
- Communicating with health insurance providers
With this list, you can see the importance of having someone trustworthy to manage your affairs.
Speak To A Jupiter Estate Planning Lawyer Today
Before you create your durable power of attorney or have any questions regarding this important document, talk with our attorneys. We offer free consultations. Call our Port St. Lucie office at 772-292-0780, call our Jupiter office at 561-680-4959 or email us today.