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Home >> Attorney-in-Fact in Port St Lucie Florida: Common Questions

Attorney-in-Fact in Port St Lucie Florida: Common Questions

January 28, 2016 by Andreas Kulas Leave a Comment

attorney-in-fact in port st lucie floridaThrough a power of attorney, competent adults in Florida can appoint an attorney-in-fact who will represent their interests. People appointed as an attorney-in-fact should take the time to consider what this appointment means for them. Most powers of attorney cover financial or health care issues, though each document differs. Here are several commonly asked questions about becoming an attorney-in-fact in Port St Lucie Florida.

What will my responsibilities be?

That depends on the document. People who create powers of attorney, called principals, can delegate decision-making authority to an attorney-in-fact. The types of decisions they want their attorney-in-fact to make will differ, and will be spelled out in the power of attorney document. As an attorney-in-fact—also known as an agent—it will be your responsibility to read this document so you can understand what will be expected of you if you choose to serve.

In any case, you must always serve the principal’s best interest when you act as attorney-in-fact. As an agent, you will have a legal responsibility to protect the principal and make decisions that serve his or her best interests. If you abuse your position to take advantage of the principal, or to better your own interests at the principal’s expense, you could be held personally liable for the harm you cause.

Do I have to serve as an attorney-in-fact?

No. You cannot be compelled to serve as anyone’s agent. If you choose to accept the appointment as an attorney-in-fact in Port St Lucie Florida you must be willing and capable to carry out the duties asked of you. If you accept and later decide to resign, you must follow the procedure outlined in the power of attorney document. If no such procedures outlined, you must contact the principal and notify him or her of your resignation.

What if I’m not an attorney? Can I still be an attorney-in-fact in Port St Lucie Florida?

Even though it’s somewhat confusing, the term “attorney-in-fact” has nothing to do with lawyers. Any capable adult can become an attorney-in-fact in Florida. You do not have to be a licensed attorney or have any familiarity with the law. You also do not gain the right to represent yourself as a lawyer if you are named as an attorney-in-fact. Being named as an attorney-in-fact simply gives you the ability to represent the principal’s interests.

Can I be fired from my position?

Yes. As long as the principal remains mentally competent, he or she can fire you from your job as attorney-in-fact. The principal can do this at any time and for any reason. Your ability to make decisions on the principal’s behalf as attorney-in-fact will automatically terminate once you learn that the principal has fired you.

Filed Under: Powers of Attorney Tagged With: agent, attorney-in-fact in port st lucie florida, powers of attorney

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

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Janice M
Krissy L.
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August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

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Leo C.
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August 25, 2020
    

I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

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Mildred W.
Client Review
August 25, 2020
    

Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

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Mildred W.
Joan C.
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August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

default image
Joan C.
L.G.K.
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August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

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