There are no rules in the Florida estate planning process regarding which legal documents must be included in a particular plan or which must be omitted. An estate owner can decide what to incorporate, and many people choose to include a power of attorney. If that is the case, there are five rules to keep in mind.
There are several types of power of attorney that may be relevant to a specific estate plan. Some people wish to appoint an agent to act on their behalf regarding medical decisions. Others want someone to make financial decisions for them. In Florida, there is also a power of attorney that is limited to the buying and selling of real estate.
Rules that apply for all powers of attorney in Florida
Certain requirements must be met before executing a power of attorney, as shown in the following list:
- The principal party (person creating the estate document) must be 18 or older.
- He or she must demonstrate soundness of mind as defined by state law.
- The appointed party must also be 18 or older.
- The appointed party must also be of sound mind.
- The signing of the document must be witnessed (and shown to be so by signatures) by two competent adults, as well as a notary public.
The witnesses should be disinterested parties, meaning they are not the appointed agents, the estate owner’s care provider, a family member or a beneficiary. Those who are in the military will want to seek guidance regarding separate power of attorney rules that may be applicable.
Legal support is available for estate planning issues
Complications regarding power of attorney may require knowledge of Florida estate laws to resolve. An estate administration and probate attorney can provide support to those facing legal problems of this nature. An attorney can remain on hand to assist throughout the estate planning process.
