14 September 2018 Currents
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By: Martin Zevin, P. A
New Durable Power of Attorney Is Important to Protect You
A Durable Power of Attorney is an extremely important document that every adult in Florida should have. You appoint one or more Agents to act on your behalf for virtually all legal and financial matters. The Durable Power of Attorney is most often utilized if you become incapacitated; however, I have many clients who choose to allow someone trustworthy to act on their behalf just to make life less complicated. The Durable Power of Attorney can be used for such diverse jobs as paying bills, signing contracts, buying and selling real estate, making investments, collecting monies owed and most other matters of a legal or financial nature. It does not cover any medical decisions, for which Florida Law requires a Designation of Health Care Surrogate. It also does not cover“ pulling the plug,” for which a Written Declaration, otherwise known as a Living Will, is required.
If you have never done a Durable Power of Attorney, it is extremely important to contact a lawyer to prepare the document as soon as possible. However, if you have a Durable Power of Attorney and it is over five years old, it is strongly advisable to prepare a new one.
A comprehensive law regarding the Durable Power of Attorney became effective on October 1, 2011. The law does provide that any Durable Power of Attorney executed under Florida Law before October 1, 2011 will remain valid. However, in the last
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