Can An Agent Make a Gift Under Power of Attorney?

A power of attorney is one of the most fundamentally important estate planning tools. A power of attorney created when you are of sound mind allows you to name someone who will act as your agent. If the power of attorney is "durable", the person you name as your agent can make important decisions about managing your affairs if you become … [Read more...]

What is a Power of Attorney and When Does it Become Effective?

A power of attorney (POA) is a legal instrument that gives someone else the right to act on your behalf.  The person granting that power (the “principal”) grants the right to act on his/her behalf to the agent, who is also referred to as the attorney-in-fact. The language of the POA determines what powers are granted to the agent; it may be … [Read more...]

On Behalf of My Parent, Should I Act as Guardian or Attorney-In-Fact?

If your aging parent becomes incapacitated and needs someone to make decisions on his/her behalf, including decisions regarding medical treatments, financial issues, or living arrangements, you have a choice between serving as an attorney-in-fact (agent) if your parent has executed a valid Durable Power of Attorney (POA) appointing you as such, or … [Read more...]

DPA Act

FLORIDA POWER OF ATTORNEY ACT Effective October 1, 2011 New legislation makes major changes in powers of attorney that are executed on or after October 1, 2011.  Powers of attorney that were signed before this date will still be valid. Important Changes for Powers of Attorney signed after 10/1/11 Springing Powers of Attorney are not … [Read more...]