BETTEN, MURPHY & WEISS
Brevard's Elder Law Firm
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.
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.
The "principal" is the maker of the Power of Attorney. The principal is the one giving their rights to someone else (AIF).
The "Attorney in Fact" (AIF)is the recipent of the Power of Attorney. The AIF is the one given the power by the principal.
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.
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.
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.
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.
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.
|Copyright © 2007 Betten, Murphy & Weiss, Attorneys, PA All rights reserved.||Site Updated January 1, 2007|