Durable Power of Attoney? Why are they so Important?

Florida Estate Planning Lawyers often include Durable Power of Attorney documents in the estate planning they do. Today I read an article on the California Estate Planning Blog entitled “Do I Need A POA Over My Spouse?”.

The article recommends that everyone needs a power of attorney over their spouse in case something happens. Without a Florida Durable Power of Attorney in place, a spouse is unable to file taxes, deal with social security, talk to creditors or deal with other financial considerations that require the spouse’s signature.

You cannot get a Florida Durable Power of Attorney if your spouse becomes incapacitated. The only alternative is to setup a Florida Guardianship. This is costly, time consuming, and requires one to act while a Florida Durable Power of Attorney gives one the ability to act, without the legal requirement to act.

For the same reasons why you need a Florida Durable Power of Attorney for you Spouse, you also need one for any children over the age of 18. If you child becomes injured, or incapacitated, you will be unable to act on their behalf without a Florida Power of Attorney.

Many Florida Estate Planning Lawyers also recommend a Combination Living Will and Designation of Health care Surrogate with HIPAA Release