Set Up Powers Of Attorney With A Winter Garden Lawyer
Last updated on April 21, 2026
A power of attorney (POA) is a legal document that gives a person, the principal, the ability to appoint another person, known as the agent or attorney-in-fact, the legal ability to make financial decisions on behalf of the principal. This arrangement can be vital if there ever comes a time when the principal cannot act on their own, making a POA a key component of estate planning.
At C.J. Hilliard Law, P.A., we are committed to providing seasoned assistance with all aspects of estate planning to the Winter Garden community. We are known for our consistent communication, transparent billing practices and dedication to our clients. As we lead you through the process of preparing for the future, such as establishing a durable power of attorney, we will be as committed to your future as you are.
Requirements For A Power Of Attorney In Florida
In Florida, creating a valid power of attorney involves several requirements. The principal needs to be mentally sound while appointing someone and signing all necessary documents. The POA also needs to be signed by two witnesses and a notary. By complying with Florida law, our power of attorney lawyers can help ensure someone you trust is looking after you.
Deciding Who To Grant Power Of Attorney
Whether you face an imminent medical issue or just want to have proper plans in place before retiring, drafting powers of attorney can offer both practical protection and peace of mind. However, you may find yourself second-guessing yourself as you evaluate prospective candidates to serve as your agent or attorney-in-fact.
Choosing the right agent is critical for your protection when you become incapacitated or are otherwise reliant on others to assist with financial and medical matters. Choosing someone who is nearby and readily available should an emergency arise is typically beneficial. For example, naming an agent who lives in another state may leave you without support and advocacy when you need it the most.
You should also consider the health and availability of the candidates you evaluate. Ideally, you should select someone who is in good enough health to manage your affairs when you need support in the future. Other important qualities to consider include:
- Trustworthiness
- Assertiveness
- Organizational capabilities
- Time management
- Diligence
- Interpersonal skills and communication capabilities
You may also have the option of naming two or more people as co-agents in scenarios where you have concerns about the capabilities or availability of the people you nominate for this critical role. You can rely on C.J. Hilliard Law, P.A., to help you identify appropriate candidates to assume the power of attorney.
What Does A Power Of Attorney Provide Authority Over?
A power of attorney can grant the agent authority over a wide range of matters. It is common for a POA to have authority over the principal’s financial accounts, real estate matters and even health care decisions. A durable power of attorney continues to remain in effect if the principal is unable to act on their own behalf. A POA works well with other advance directives, like living wills and guardianship arrangements, to ensure the principal makes a comprehensive estate plan.
Who Makes Financial Decisions When There Is No Power Of Attorney?
Florida has relatively strict rules about financial management in the event of a person’s incapacitation. If you hold major resources individually, not even your spouse necessarily has the access or authority to manage those assets or fulfill your financial obligations. Without power of attorney documents, the only option may be for the courts to appoint a guardian.
Guardianship allows another competent adult to pay your bills, manage your business affairs and handle other financial matters until you either recover from your medical emergency or pass away. Unfortunately, you have no control over who the courts appoint or how they manage your affairs in a guardianship scenario.
Drafting powers of attorney is critical for your protection and the preservation of your resources in the event of an emergency. You can choose who handles your resources and impose certain restrictions on their actions and access. Your documents can prevent your loved ones from fighting and ensure you have support when you cannot manage your own affairs.
Prepare For The Future Today
If you are considering setting up a power of attorney, contact us today. For an experienced power of attorney lawyer, call our Winter Garden office at 407-255-7607 or contact us online to schedule your initial consultation today.