Jacksonville elder law attorney Kellen Bryant regularly receives this question from clients who have discovered the abundance of durable power of attorney forms available online. While you can easily Google these forms and find numerous options from popular legal form companies, the answer to whether you should use them is clear: probably not, and here’s why you should be careful.
Using an online form can actually get you into serious legal trouble, despite their professional appearance and seemingly comprehensive content.
A Real-Life Example of Online Form Failure
Attorney Bryant shares a compelling case study that illustrates exactly why online forms fall short when you need them most:
The Client’s Situation
A client used a durable power of attorney form from a well-known online legal form company. The document looked professional, was lengthy, required initials throughout, and appeared to contain comprehensive legal language. The form was properly signed in 2012.
When Problems Arose
In 2014, the person who signed the power of attorney became incapacitated and could no longer manage their financial affairs or sign new documents. This individual needed nursing home care but had too much income to qualify for Medicaid without establishing a qualified income trust.
The Critical Flaw
Despite its professional appearance, the online power of attorney form lacked specific language necessary to create a qualified income trust—language that any competent elder law attorney would include as standard practice.
Because the person was incapacitated and couldn’t sign anything new, the family had to rely on the existing power of attorney. The result? The Medicaid claim was denied.
The Costly Consequences
The family faced several expensive options:
- Guardianship court proceedings: This could have easily cost over $5,000 just to set up the qualified income trust
- Legal challenge: The family chose to challenge the Medicaid Department’s rejection, which required extensive legal research, time, and attorney fees
Ultimately, after significant legal expense and effort, they managed to get the power of attorney accepted. However, what could have been resolved with a properly drafted document costing a few hundred dollars instead resulted in thousands of dollars in legal fees and costs.
Why Online Forms Don’t Work for Florida Residents
Florida’s Specific Requirements
Under current Florida durable power of attorney laws, much more specificity is required in these documents. The legal requirements are detailed and state-specific, making generic online forms inadequate for Florida residents.
The Problem with One-Size-Fits-All Approaches
Online form companies typically try to create documents that work across multiple states or even all 50 states. However:
- Every state has different legal requirements
- Legal standards and language vary significantly between jurisdictions
- Someone practicing in California and creating forms for nationwide use cannot possibly keep up with the specific requirements and recent changes in Florida law
- These companies don’t deal with Florida clients on a regular basis, so they miss crucial state-specific provisions
What’s Missing from Online Forms
Online durable power of attorney forms often lack:
- State-specific language required by Florida law
- Provisions necessary for Medicaid planning
- Authority to create qualified income trusts
- Specific powers needed for elder law situations
- Current legal language that complies with recent law changes
The Hidden Costs of “Savings”
While online forms might seem like a cost-effective option, they can result in:
- Denied benefits: Medicaid applications rejected due to inadequate authority
- Guardianship costs: Expensive court proceedings to obtain proper authority
- Legal challenges: Costly attorney time to fix or validate defective documents
- Delayed care: Time lost while resolving legal issues
- Family stress: Additional burden during already difficult times
The Right Approach
Instead of risking the problems associated with online forms, work with a qualified elder law attorney in Florida who:
- Understands current Florida law requirements
- Regularly handles elder law and Medicaid planning cases
- Includes necessary provisions for potential future needs
- Stays current with changing legal requirements
- Can customize the document for your specific situation
The Bottom Line
What might initially seem like a few hundred dollars saved by using an online form can easily become thousands of dollars in legal fees and costs when the document fails to work when you need it most. During times of incapacity and medical crisis, the last thing your family needs is to discover that your power of attorney doesn’t have the legal authority required to handle your affairs.
Protect Your Family’s Future
Don’t risk your family’s financial security and peace of mind with an inadequate online form. Consult with a qualified Florida elder law attorney to ensure your durable power of attorney will actually work when your family needs it most.
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Author Bio
Kellen Bryant, Esq.
Founder
Florida Bar Board Certified Elder Law Attorney, Kellen Bryant focuses his law practice on advising and helping caregivers with a particular focus on asset protection and preservation from long-term care costs, creditors, and predators. Kellen Bryant is AV Preeminent® Rated, meaning his attorney peers rated him at the highest level of professional excellence. Kellen Bryant was nominated and selected as a Super Lawyer, Rising Star: 2022.
