Power of Attorney Lawyer in Florida
Legal authority for life’s unexpected moments
At Berg Bryant Elder Law Group, we help Florida clients create POA documents that cover financial, medical, and personal matters with clarity. A power of attorney gives someone you trust the legal authority to act on your behalf when it matters most. So whether you want to plan ahead for peace of mind or prepare for unexpected situations, our attorneys draft powers of attorney that ensure your interests are protected by the right hands.
Sudden illness, injury, or cognitive decline can strike without warning. Without a power of attorney in place, your family may be forced to go through costly and time-consuming guardianship proceedings just to manage your finances or make medical decisions.
At Berg Bryant Elder Law Group, our experienced Florida attorneys draft personalized powers of attorney that reflect your specific wishes and ensure the right person can step in when needed.
A power of attorney is a legal document that gives someone (called your “agent” or “attorney-in-fact”) the authority to make decisions or take actions for you (the “principal”). Your agent can handle financial matters, deal with property, or make other important decisions when you can’t do these things yourself.
In Florida, powers of attorney are governed by Chapter 709 of the Florida Statutes. These laws provide specific rules about how these documents must be created and what powers they can grant.
Florida recognizes several types of powers of attorney, each serving different needs:
A durable power of attorney stays in effect even if you become incapacitated. This is the most common and useful type because it continues working when you need it most.
Before October 2011, Florida law allowed for “springing” powers of attorney that would only take effect when you became incapacitated. However, the law changed, and now all powers of attorney in Florida take effect immediately when signed.
A general power of attorney gives your agent broad authority to handle almost any legal or financial matter for you. This includes:
A limited power of attorney gives your agent authority only for specific tasks or for a limited time. For example, you might create one to:
While not technically called a “power of attorney” in Florida, a healthcare surrogate designation serves a similar purpose for medical decisions. This document allows someone to make healthcare decisions for you if you can’t make them yourself.
Each type of power of attorney serves a specific purpose in your overall plan. Our attorneys can help you determine which type (or types) best fit your situation and create documents that give you and your family the protection you need.
Having a properly drafted power of attorney provides important benefits:
Without a power of attorney, if you become incapacitated, your family would need to go to court to establish a guardianship. This process can be:
A good power of attorney helps your family avoid this difficult process.
You choose who will act on your behalf, rather than having a court make this important decision for you.
Knowing your affairs will be handled according to your wishes by someone you trust provides invaluable peace of mind.
As we age or face health challenges, having someone who can legally help with everyday tasks like paying bills or dealing with insurance companies becomes increasingly important.
The small investment of time and money to create a power of attorney now can save your family thousands of dollars and countless headaches later.
Duval County
Clay County
St. Johns County
For your power of attorney to be legally valid in Florida, it must meet several requirements:
Florida law requires your power of attorney to be:
You must have mental capacity when you sign the document. This means you understand:
Your agent must be:
You can also name a financial institution with trust powers as your agent.
At Berg Bryant Elder Law Group, we help clients throughout Northeast Florida create powers of attorney that protect their interests and give them peace of mind. Our attorneys take the time to understand your needs and create documents that work for your specific situation.
We serve clients in Jacksonville, Orange Park, St. Augustine, and surrounding areas. Our Florida Board Certified Elder Law Attorneys bring specialized knowledge to every client relationship.
Don’t wait until a crisis forces your family into difficult decisions without your input. Contact us today to schedule a consultation and take control of your future.
Yes, as long as you have mental capacity, you can revoke or change your power of attorney at any time. The revocation must be in writing, and you should notify your agent and any institutions that have the old document.
A power of attorney ends when:
No. Your agent has a fiduciary duty to act in your best interest and according to your known wishes. They cannot use your assets for their own benefit unless specifically authorized. An agent who violates this duty can be liable for damages.
Generally, yes, but some states may have different requirements. If you move to another state, it’s wise to have your documents reviewed by an attorney in that state.
Yes. You can name co-agents who serve together, or you can name successor agents who serve one after another if the primary agent can’t serve.
Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.
