A durable power of attorney helps protect you if an illness, injury, or incapacity prevents you from managing your own affairs. At Filler & Hedum Family Law Firm, Kelly Hedum and Sam Filler help you create clear, legally sound documents that safeguard your interests.
Durable Power of Attorney in Florida:
What You Need to Know
A durable power of attorney allows you to appoint a trusted person to handle financial and legal matters on your behalf. The key difference between a standard power of attorney and a durable power of attorney is what happens if you become incapacitated. A standard power of attorney generally ends when you lose mental capacity, while a durable power of attorney remains in effect because it contains specific legal language required under Florida law.
That distinction can make a significant difference during a medical emergency, serious illness, or age-related cognitive decline. With a durable power of attorney in place, your chosen agent may continue managing bank accounts, paying bills, handling real estate transactions, and addressing other authorized matters when you are no longer able to make decisions yourself.
Possible Reasons for a Durable Power of Attorney:
- Protection in the event of a serious illness, injury, or unexpected incapacity
- Authority for a trusted person to pay bills and manage household expenses
- Management of bank accounts, investments, and other financial assets
- Assistance with real estate transactions, including buying, selling, or refinancing property
- Continued oversight of business interests and professional obligations
- Support during age-related cognitive decline, including dementia
- Access to financial institutions and government agencies on your behalf
- A plan for handling important matters during extended travel or absence
- Less need for family members to pursue a court-appointed guardianship
- Clear direction regarding who may act on your behalf and what authority they have
How We Help With Durable Power of Attorney Plans in Oviedo
At Filler & Hedum, Kelly and Sam work directly with you to understand your family, finances, and long-term goals before drafting a durable power of attorney tailored to your needs. We explain the powers you may grant, help you choose a trustworthy agent, and ensure your document complies with Florida law. Our goal is to help you create a clear, practical plan that protects your interests and gives your loved ones confidence if the unexpected happens.
FAQs
Who Should I Choose as My Agent?
You should choose someone you trust completely to act in your best interests. This person may have authority over financial and legal matters, so reliability, honesty, and sound judgment are crucial. Kelly and Sam can help you think through who may be the best fit for this responsibility.
Does a Durable Power of Attorney Allow Someone to Make Medical Decisions?
Generally, no. A durable power of attorney typically addresses financial and legal matters. Medical decisions are usually handled through separate estate-planning documents, such as a health care surrogate designation or advance directives. We can help you understand how these documents work together as part of a comprehensive plan.
Can I Revoke My Durable Power of Attorney?
Yes. As long as you have the legal capacity to do so, you may revoke your durable power of attorney and create a new one if your circumstances change. Life events such as marriage, divorce, family changes, or shifts in financial circumstances often prompt a review of estate-planning documents.
Filler & Hedum:
There When You Need ‘Em!
Planning for the unexpected is easier when you have trusted local attorneys by your side. At Filler & Hedum, you work directly with Kelly Hedum and Sam Filler: not through layers of staff. We take the time to understand your goals, explain your options, and create documents that reflect your wishes. As longtime members of the Oviedo community, we’re committed to helping local families plan with clarity and confidence. Contact us today for a free case evaluation for your durable power of attorney needs.