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Attorney Rosenny Burgos explaining a durable power of attorney by video

Estate Planning

Florida Durable Power of Attorney

A power of attorney is one of the most practical documents in any estate plan. It protects you while you are still living by designating someone you trust to act on your behalf if illness, injury, or absence prevents you from managing your own affairs. Attorney Burgos prepares durable powers of attorney, healthcare surrogates, and living wills for families and business owners across Florida, all through secure virtual consultations.

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Quick answer

A Florida durable power of attorney lets you name a trusted person to manage your finances and legal affairs if you cannot act for yourself. Without one, your family may need a costly court guardianship to step in. Attorney Rosenny Burgos prepares powers of attorney and healthcare directives for clients across Florida, entirely by video or phone.

Quick answer

A durable power of attorney remains in effect even if you lose mental capacity, allowing your chosen agent to pay bills, manage bank accounts, handle real estate transactions, and make legal decisions on your behalf without a court order. Planning ahead prevents a crisis from becoming a legal emergency.

Durable Power of Attorney

Put Trusted Hands on Your Finances Before You Need Them

The word 'durable' is the key distinction. A regular power of attorney terminates if you become incapacitated. A durable power of attorney continues, which is exactly what you need when an agent is most likely to be called on. Florida Statute Section 709.2104 governs these documents and requires specific formalities for them to be valid.

Choosing the right agent matters as much as having the document at all. Your agent will have broad authority over your financial life. Attorney Burgos helps you think through who is genuinely trustworthy, whether to name a co-agent or successor agent, and how to scope the powers so they fit your situation.

We also advise on when a springing power of attorney (one that only takes effect upon incapacity) may be preferable, and the tradeoffs that come with each approach.

  • Authorize a trusted agent to manage your finances without a court order.
  • Avoid a costly and slow guardianship proceeding.
  • Name a successor agent so coverage continues if your first choice is unavailable.
  • Scope the powers to match your specific needs and concerns.
Client reviewing healthcare directive documents at home after a video consultation

Healthcare Directives

Healthcare Surrogate and Living Will: Your Voice for Medical Decisions

A healthcare surrogate designation names the person who can make medical decisions for you if you cannot communicate them yourself. This is different from a power of attorney, which covers finances. Both are needed for a complete incapacity plan.

A living will (also called an advance directive) records your wishes about end-of-life care: whether you want life-prolonging treatment if there is no reasonable expectation of recovery, and under what conditions. It removes an enormous burden from your family at a moment when they are already under enormous stress.

Attorney Burgos prepares these documents alongside your power of attorney so your financial and medical wishes are coordinated. Our practice is fully virtual. You meet by secure video or phone from anywhere in Florida, review drafts on your own time, and complete the entire process without traveling to an office.

  • Name a healthcare surrogate to make medical decisions if you cannot.
  • Record your wishes about end-of-life treatment in a living will.
  • Coordinate financial and medical directives in one planning session.
  • Meet by secure video or phone from anywhere in Florida.

FAQ

Frequently Asked Questions

What is a durable power of attorney in Florida?
A Florida durable power of attorney is a legal document that authorizes a person you name (your agent) to manage your finances and legal affairs. The word 'durable' means it stays in effect even if you become mentally incapacitated. It requires your signature, two witnesses, and notarization under Florida law.
What is the difference between a power of attorney and a healthcare surrogate?
A durable power of attorney covers financial and legal matters: paying bills, managing accounts, handling real estate. A healthcare surrogate designation covers medical decisions: treatment choices, speaking with doctors, consenting to procedures. Both are separate documents, and both are recommended for a complete plan.
What is a living will in Florida?
A Florida living will is an advance directive that states your wishes about life-prolonging treatment if you have a terminal condition, an end-stage condition, or are in a persistent vegetative state with no reasonable expectation of recovery. It guides your healthcare surrogate and your medical team.
Can I prepare a power of attorney online with your firm?
Yes. Attorney Burgos works with clients across Florida by secure video and phone. We handle drafting, review, and guidance on the Florida signing, witnessing, and notarization requirements, all without an in-person office visit.
What happens if I become incapacitated without a power of attorney?
Your family would need to file for guardianship through the Florida courts before they could legally manage your finances. That process is public, can take months, involves legal fees, and requires ongoing court supervision. A durable power of attorney avoids all of that.

Let's Take the First Step

A power of attorney is one of the most practical documents in any estate plan. It protects you while you are still living by designating someone you trust to act on your behalf if illness, injury, or absence prevents you from managing your own affairs. Attorney Burgos prepares durable powers of attorney, healthcare surrogates, and living wills for families and business owners across Florida, all through secure virtual consultations. Se Habla Espanol.