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BETTEN, MURPHY & WEISS
Attorneys, PA

Brevard's Elder Law Firm
1800 Penn Street, Suite 6
Melbourne, FL 32901-2625
Phone (321) 676-2525

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Brevard Elder Law

POWER OF ATTORNEY

Brevard Elder Law

A Power of Attorney is a legal document giving another person (Attorney in Fact)the right to do certain things for the maker(principal). A Principal giving a Power of Attorney can make it very broad or can limit the powers granted to certain acts.

(Frequently Asked Questions)

  1. What is a Principal?

  2. What is a Attorney in Fact?

  3. What powers can be granted in a Power of Attorney?

  4. When is a Power of Attorney effective?

  5. What is aDurable Power of Attorney?

  6. What is ELDER LAW?

Brevard Elder Law

What is a Principal?

The "principal" is the maker of the Power of Attorney. The principal is the one giving their rights to someone else (AIF).

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Brevard Elder Law

What is a Attorney in Fact?

The "Attorney in Fact" (AIF)is the recipent of the Power of Attorney. The AIF is the one given the power by the principal.

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Brevard Elder Law

What powers can be granted in a Power of Attorney?

With few exceptions, a Power of Attorney gives someone the right to do any legal acts that the Principal of the POA could do themself including but limited to financial and health care decisions.

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Brevard Elder Law

When is a Power of Attorney effective?

A Power of Attorney is effective at the moment it is signed. Florida law does not allow Powers of Attorney to become effective upon the happening of a future event. Some states do recognize "springing" Powers of Attorney in that it springs to life upon the named event. The one and only exception to this rule is military personnel may make Powers of Attorney contingent upon their deployment.

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Brevard Elder Law

What is the relationship of Advance Directives to a Power of Attorney?

Advance (Health Care) Directives control over a Power of Attorney unless the Power of Attorney is signed after the Advance Directives and specifically revokes those Advance Directives.

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Brevard Elder Law

What is a Durable Power of Attorney?

A Power of Attorney terminates upon the incapacity of the Principal. A Durable Power of Attorney remains effective even when the Principal becomes incapacitated. The only thing that distinguishes a Durable POA from a regular POA is special wording that states that the POA survives incapacity.

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Brevard Elder Law

What is ELDER LAW ?

Elder law is a relatively new area of the law which focuses on a variety of legal issues which face the elderly and which interact with one another. Some of these areas are Medicaid, nursing home regulations, estate planning, insurance coverages and elder abuse.

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Copyright © 2007 Betten, Murphy & Weiss, Attorneys, PA All rights reserved. Site Updated January 1, 2007