If you create a new Last Will and Testament, you may need to take the proper steps towards revoking your originally established legal document. However, the same may not apply to your other estate planning documents, such as your powers of attorney. With that being said, please read on to discover whether you should incorporate more than one power of attorney into your estate plan and how a seasoned Broward County power of attorney at The Probate Lawyers can help you execute this effectively.
Should I establish more than one power of attorney in my estate plan?
First of all, a power of attorney is a legal document that essentially authorizes a third party individual to act on your behalf should you become unable to act or make decisions for yourself. Now, there are different situations where you may require decision-making assistance. Therefore, you may want to establish more than one power of attorney into your estate plan, each having an agent carry out a specific function and taking effect at varying times.
For example, a financial power of attorney may allow an agent to make decisions on your money and property matters on your behalf (i.e., paying your bills, selling your real estate property, etc). Here, though, you may choose between a durable or springing power of attorney. The former takes effect as soon as you sign it, while the latter is enforced only if you become mentally incapacitated.
The other common one is the healthcare power of attorney, which has an agent handle medical decisions on your behalf (i.e., consenting to or refusing treatment, choosing certain physicians and healthcare institutions, etc). Usually, a healthcare power of attorney is considered a springing power of attorney. Within this legal document, though, you may choose to give general or specific healthcare instructions for your agent to go off of.
Who can serve as the agents for my powers of attorney?
We generally recommend that grantors name different individuals to serve as the agents for their different powers of attorney. No matter who you choose to step into these roles, they must meet the following requirements, as per Florida estate law:
- Your agents must be individuals who are at least 18 years old.
- Your agents must be individuals who are deemed mentally competent.
- Your agents must not be your physicians or residential healthcare providers.
- Your agents must not be employees of your physicians or residential healthcare providers.
At the end of the day, you must appoint individuals who you trust wholeheartedly to work in your best interest. If you need legal representation fast, a competent Broward County estate lawyer is prepared to step up. The team at The Probate Lawyers looks forward to meeting you, working with you, and helping you.
