Unfortunately, many people in Broward County and the surrounding area assume that estate planning ends once they sign their will. However, there are a number of tools in place that can help provide peace of mind and ensure your wishes are honored while you’re still alive, like a power of attorney or healthcare proxy. If you’re unsure what these are or how they differ, the following blog explores what you should know about these options. Please read on to discover what you can instruct in these two legal documents and how a seasoned Broward County power of attorney at The Probate Lawyers can help you appoint agents to make these decisions if and when the time comes.
What Is a Power of Attorney in Florida?
Firstly, a power of attorney is a legal document that gives an appointed agent the authority to handle legal and financial decisions on your behalf. The rights of a Florida POA are governed strictly under Florida Statutes 709.2101-709.2402.
What a Power of Attorney Does
- Granting power of attorney allows your agent to act “as you” in certain situations
- You can grant broad or narrow powers, depending on your wishes
- Broad powers allow your agent to act on your behalf in your best interest
- Narrow powers specify the acts they are allowed to take
Why It Matters
Establishing a power of attorney allows you to:
- Control who makes decisions on your behalf in the event something should happen to you
- Control the decisions they are allowed to make on your behalf
- Avoid getting the Broward County court involved in these matters
What Actions Can Be Taken With a Power of Attorney?
Understanding the scope of action your power of attorney is eligible to handle in Florida can help you determine the type of authority you would like to grant.
Banking and Bill Payments
- Access your bank accounts to make payments
- Pay your mortgage or rent
- Manage recurring expenses
- Initiate transfers between your accounts
Taxes
- Prepare and file your annual tax returns (with the help of accountants if necessary)
- Pay tax obligations
- Sign the tax paperwork on your behalf when permitted
Legal Matters
- Hire a lawyer on your behalf
- Discuss with the attorney
- Pursue claims or defend litigation in your best interests
Business Operations
- Sign contracts for your business
- Handle agreements with potential vendors
- Manage banking and operational decisions for your business
Real Estate
- Sign closing documents on your behalf
- Sell properties if needed
- Make purchases and investments (with authorization)
What a Power of Attorney Cannot Do
While there are several important legal and financial decisions that a power of attorney may make on your behalf after appointment in Broward County, there are also a number of restrictions in place that limit the scope of a power of attorney’s authority.
A Power of Attorney Generally Cannot
- Write or modify your will
- Vote in a local, state, or federal election on your behalf
- Make decisions after your death (authority ends at death)
- Override the legal requirements of financial institutions
Why This Matters
Unfortunately, many families assume that a power of attorney has unbridled power to act on behalf of the individual. As such, this can create issues, as:
- Banks or hospitals may refuse to honor a document that is unclear or outdated
- Family disputes may arise if the power of attorney assumes broad authority without oversight
What Is a Healthcare Proxy in Florida?
It’s important to understand that a power of attorney and a healthcare proxy are two distinct roles in Florida. Under Florida’s Statutes Chapter 765, a healthcare proxy is formally known as a designation of health care surrogate.
What a Healthcare Surrogate Does
- Makes healthcare decisions on your behalf
- May be authorized to receive your medical information
Execution Requirements
When appointing an individual to act on your behalf as a healthcare surrogate in Broward County, you must appoint them in a formal manner, including signing this designation in the presence of two witnesses.
What Decisions Can Be Made With A Healthcare Proxy?
Your agent usually only assumes this role when you become incapacitated or unable to communicate your wishes for your healthcare. So, within this document, you may leave behind instructions for the following decisions:
Life-Prolonging Procedures
- CPR or resuscitation efforts
- Mechanical ventilation
- Artificial feeding or hydration
- Comfort-care
Treatment and Care Decisions
- May consent to or refuse surgical procedures or care on your behalf
- Can control what medication you are prescribed
- Can help choose treatment plans if you have a serious or chronic illness
Choosing Providers and Facilities
- Choosing doctors or specialists on your behalf
- Choosing hospitals, medical facilities, or hospice care
- Help coordinate transfers between locations
Medical Records and Communications
- Determines which family members can receive updates and communications about your conditions
- Can access your medical records (when authorized)
Organ Donation
- Can approve or decline organ donation
- May explain limitations or preferences
Power of Attorney vs. Healthcare Proxy
Determining whether or not you need a power of attorney or health care surrogate in Florida can be overwhelming. While both may provide important benefits, like peace of mind for the future and assurance that your wishes will be honored, understanding which document can benefit you the most is critical.
If the Decision Involves Money
In the evyou are looking for someone to handle the following matters, a power of attorney may be in your best interest:
- Banking
- Debts
- Business
- Real estate
If the Decision Involves Medical Care
A healthcare proxy may be in your best interest for decisions centering around:
- Treatment
- Medication
- End-of-life decisions
- Rehabilitation or hospice care
If the Decision Involves Inheritances
You will benefit most from a will or trust for matters related to the distribution of assets after your passing, as opposed to a healthcare proxy or power of attorney.
When Does Each Document “Start”?
Many individuals in Broward County remain unsure of when a power of attorney or healthcare surrogate will receive authority to act on behalf of the appointee.
When the Power of Attorney Becomes Effective
- It may be immediately effective
- May only become effective when a specific event or condition arises, depending on the information in the document
When the Health Care Surrogate Becomes Active
- Typically becomes active when you cannot communicate or lack the capacity to make decisions
- Designation can specify whether or not authority is immediate or only upon incapacitation
What Happens if You Don’t Have Either Document
In the event that you do not have an established power of attorney or health care surrogate and one is necessary, it can be incredibly complicated, as it will require court intervention.
A Judge May Appoint a Guardian
If you are deemed incapacitated but do not have proper documentation:
- Your loved ones may seek guardianship on your behalf
- The Broward County court may appoint someone you would not have selected for this role
- The process can create familial conflict, resulting in delays
Real-World Downsides of Court Intervention
- You lose the right to privacy
- There may be delays, ultimately pushing back access to funds or treatment
- Family disputes may arise
- More legal costs may be incurred
Why You Shouldn’t Wait Too Long to Create These Documents
Unfortunately, many assume that they can take all the time they need to establish a power of attorney or health care surrogate in Florida. However, this is not the case, and failure to act quickly can have serious consequences.
Capacity Matters
In order to legally sign powers of attorney or healthcare directives, you must have:
- Mental clarity
- A firm understanding of what you are signing
- The ability to choose someone of your own volition
Waiting Increases the Risk
Waiting too long to establish these documents is not without risks, like:
- Sudden hospitalization, impeding your ability to sign a document
- Dementia or other mental decline diagnosis, thus creating capacity issues
- Family members may contest the signing of these documents
Contact Our Broward County Estate Planning Attorneys Today
We can sympathize with how daunting this whole legal process may be for you. Well, lucky for you, the team at The Probate Lawyers has successfully gone through this countless times before. So please, contact our office to retain the services of a competent Broward County advance healthcare directive lawyer today.
