Durable Power of Attorney Lawyers in Naples & Ft. Myers

Personalized Guidance Backed by More Than One Thousand Estate Plans

A power of attorney is a written and signed legal document that allows someone else to act in your place for a variety of circumstances and transactions. A durable power of attorney is one that remains effective even after you become incapacitated or unable to make your own decisions. By contrast, a non-durable arrangement ends when capacity is lost. The principal must have legal capacity to understand the document, the person receiving authority, and the scope of that authority at the time of signing.

Creating this document with an experienced attorney can help you address your plans and reduce the risk of avoidable drafting or execution mistakes. Our estate planning attorneys at the The Law Office of Conrad Willkomm, P.A. can address the authority you want to grant and the Florida requirements for doing so. We offer a free initial consultation for Fort Myers and Naples area residents who want to understand their options.

Florida law sets specific execution requirements. Under Florida Statutes section 709.2105, the principal signs the document, two subscribing witnesses sign in the principal’s presence, and the principal acknowledges the document before a notary public, subject to limited statutory exceptions. Under Florida’s Power of Attorney Act, the document must also contain language demonstrating that the authority survives the principal’s incapacity, or it won’t qualify as durable. Execution errors can render the document unenforceable when it is needed most.

Call The Law Office of Conrad Willkomm, P.A. today at (239) 303-4040 or contact us online to schedule a consultation with our Naples and Ft. Myers attorneys.

Empower a Trusted Agent with a Durable Power of Attorney

The person you designate, called the agent, may act on your behalf within the authority granted by the document. That authority may be broad or limited. Because your agent may be responsible for significant financial, legal, and personal decisions, you should select someone reliable who can act in your best interests. Our attorneys, including Julia Goncharova and Michael Rusinko, can help you evaluate that choice and structure the document accordingly.

Decisions your agent may be responsible for include:

• Business transactions and management
• Tax-related matters
• Family matters and guardianship issues
• Healthcare-related decisions, where specifically authorized in the document

Agent Authority Limits & Third-Party Acceptance

An agent may act only within the authority granted by the document and applicable Florida law. Even broadly drafted authority isn’t unlimited, and certain actions require specific authorization under Florida’s statutes. Banks, financial institutions, and government agencies may request additional information or an opinion of counsel before accepting the document. Florida law requires a third party to accept or reject it within a reasonable time under specified circumstances. Documents used in connection with Florida real property may also involve additional execution or recording considerations.

When Does Durable Authority End?

Although durable authority can continue after incapacity, certain events will bring it to an end.

• Death: The authority ends at the principal’s death. Post-death authority generally passes to the personal representative named in a will or another legally authorized fiduciary, not the agent. Maintaining a role for that person after your death requires separate planning.
• Revocation: While you have legal capacity, you may revoke the document through a subsequently executed power of attorney or another signed writing. The ability to revoke belongs to you as the principal, not to the agent.
• Agent unavailable: If your agent can’t or won’t serve, the authority can’t be exercised as intended. Naming a successor agent provides continuity if the first agent dies, resigns, becomes incapacitated, or otherwise can’t act.
• Other statutory events: Florida law provides additional grounds for termination, including completion of the stated purpose or document provisions specifying an end date or condition.

Can a Durable Power of Attorney Be Overridden in Florida?

In Florida, the principal can revoke or change the document while legally capable. If you later change your mind, you may revoke it through a new document granting authority or another signed writing.

If the principal becomes incapacitated, a court may be asked to appoint a guardian. Florida law addresses the suspension of an agent’s authority when certain incapacity or guardianship proceedings begin. Durable authority doesn’t prevent every court proceeding or mean that guardianship will never be considered. The outcome depends on the document, the facts, and applicable Florida law. Family members or other interested parties may also challenge the document in court if they believe it was obtained through fraud, coercion, or undue influence.

Personalized Assistance Backed by More Than One Thousand Estate Plans

We’ve assisted with more than one thousand estate plans and take a personalized approach to the process of creating it. The right document depends on your goals, your chosen agent, and the authority you want to grant. We work on a flat-fee basis and explain all legal costs during the initial consultation, so there are no surprises.

Our Ft. Myers estate planning attorneys provide personal representation backed by numerous client testimonials and several 9.0 “Superb” Ratings from Avvo. We can draft a new document or review an existing one to determine whether it still reflects your wishes and names the appropriate agents.