• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Kulas & Crawford

Attorneys at Law

Call Now: (772) 398.0720

Attend a Free Workshop
  • Home
  • About Our Firm
    • About Our Firm
    • Meet Our Team
  • Services
    • Elder Law and Medicaid
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Financial Planning Assistance
    • IRA and Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Probate and Trust Administration
    • SECURE Act
    • Special Needs Planning
    • Veterans Benefits
  • Resources
    • Articles
    • Definitions
    • Elder Care Resources
    • Elder Law Resources
      • Elder Law Reports
      • Palm Bay Elder Law Resources
      • Vero Beach Elder Law Resources
    • Estate Plan Checkup
    • Florida Alzheimer’s Guide
    • FREE Estate Planning Worksheet
    • Free Seminars
    • Frequently Asked Questions
      • Elder Law and Medicaid
      • Estate Planning FAQ’s
      • Frequently Asked Questions for Families Without an Estate Plan
      • Legacy Wealth Planning FAQ’s
      • LGBTQ Estate Planning Frequently Asked Questions
      • Probate
      • Trust Administration & Probate Frequently Asked Questions
      • Veteran’s Benefits
      • Wills and Trusts
    • Newsletters
    • Pre Consultation Form
    • Presentations
    • Probate Checklist
    • Probate Resources
      • Port St Lucie Probate
      • Stuart Probate
      • Vero Beach Probate
    • Published Books
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Workshops
  • Reviews
    • Our Reviews
    • Review Us
  • Communities We Serve
    • Indian River County
      • Vero Beach
    • Martin County
      • Hobe Sound
      • Jensen Beach
      • Stuart
    • Okeechobee County
      • Okeechobee
    • St. Lucie County
      • Fort Pierce
      • Port St. Lucie
  • Blog
  • Contact Us
Home >> Durable Power of Attorney, Your Health, and Your Estate Plan

Durable Power of Attorney, Your Health, and Your Estate Plan

March 7, 2016 by Robert Kulas. Leave a Comment

Durable Power of Attorney, Your Health, and Your Estate PlanAs a part of a comprehensive Florida power of attorney, the creation of a durable power of attorney is typically a necessary step. Regardless of the kind of plan you create, the specific estate planning goals you decide upon, or your circumstances, a good durable power of attorney is essential. Today we are going to look at some commonly asked questions about durable powers of attorney so you can get a better idea of what these tools are, what they do, and why you need them.

As always, if you ever have questions to which you cannot find the answer, feel free to contact us. While we regularly write blogs about a range of estate planning issues, nothing we write will ever be a substitute for the personalized advice and guidance we can give you.

Durable Power of Attorney: What is it?

It’s easiest to understand a durable power of attorney by breaking the term down into its component parts. A power of attorney is a specific kind of legal document. Through this document a person, called a principal, designates another person or organization as the principal’s representative. The representative is called an agent or an attorney-in-fact. (Hence the name power of attorney.) The agent, through the power of attorney, can make decisions and enter into agreements on the principal’s behalf just as if the principal him/herself was making them.

Powers of attorney come in many shapes and sizes, and with different limitations or abilities passed to the agent by the principal. A durable power of attorney is a specific kind of power that grants the agent the ability to act on behalf of the principal even after that principal loses the ability to make choices. Non-durable powers automatically rescind the agent’s authority upon the principal’s incapacitation, but durable powers extend the ability to act. This is why durable powers are so important for incapacity planning.

Durable Power of Attorney: What does a Durable Power of Attorney do?

A durable power of attorney is essentially a financial safety net. Through your power of attorney you can appoint an agent of your choosing who will have the legal ability to make choices for you, and represent your financial interests, should you lose your ability to make choices.

The agent/attorney-in-fact has a legal obligation to act only in a way that protects your best interests, and cannot use his or her authority to take advantage of you. Should agents abuse their authority they face significant legal consequences, including civil damages and even criminal charges.

Durable Power of Attorney: What is a Health Care Surrogate?

Durable financial powers of attorney are aimed at protecting your financial interests. But what about your health care interests? Can you create a durable power of attorney that gives an agent the ability to make health care choices for you in the event you lose capacity?

Yes. In Florida, a durable power of attorney for health care is called a health care surrogate. Through this form you, the principal, can designate someone as your chosen agent for health care decisions. Then, in the event you lose capacity, your agent will be able to make health care choices for you.

Durable Power of Attorney: What else do you need?

While durable powers of attorney and health care surrogates allow you significant, and vital, estate planning protections, it’s important not to believe that they constitute sufficient planning. In other words, you need more than a power of attorney or two to protect yourself fully.

A good estate plan will address incapacity planning concerns, and this is where powers of attorney are superb. But there are other issues your plan should address, such as inheritances, estate tax considerations, and questions about Medicaid. Powers of attorney do almost nothing to address these issues. For example, if you want an inheritance plan, you cannot simply delegate your inheritance choices to your agent under a durable financial power of attorney.

So, if you want a comprehensive estate plan, you need to be sure that your plan contains more than just powers of attorney. Further, the powers you create need to wok in conjunction with, or as a compliment to, any other tool you have.

If this all sounds confusing, or complicated, it can be. This is why it’s important to talk to us about your planning concerns before you make any estate planning choice. Scheduling an appointment to come talk to us abo your options is the best way to ensure that you get the most out of your estate planning experience.

Filed Under: Incapacity Planning

Other Articles You May Find Useful

Vero Beach estate planning attorneys
Vero Beach Estate Planning Attorneys Explain Advanced Directives
Vero Beach living trust lawyers
Vero Beach Living Trust Lawyers — How a Living Trust Can Help with Incapacity Planning
If you were incapacitated tomorrow, would your loved ones have the ability to manage your affairs on your behalf? If not, then it’s time you gave some thought to the creation of an effective incapacitation plan.
Essential Steps You Need to Take for Effective Incapacity Planning
Kulas & Crawford
Durable Power of Attorney: Prepare for the Unexpected
Kulas & Crawford
Does the nursing home get half of my assets?
Creating Your 2016 Florida Estate Plan: Medical Directives
Creating Your 2016 Florida Estate Plan: Medical Directives

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Kulas & Crawford

Download Free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

TESTIMONIALS

Easy Testimonials
August 25, 2020
    

I needed a simple, easy-to-use way to add testimonials to my website and display them. Easy Testimonials Pro did all of that and more!

avatar-1
Janet Exampleton
Owner, Exampleton Productions
Easy Testimonials
August 25, 2020
    

I receieved excellent customer support, and quickly. Thank you so much!

avatar-2
Linda Herman
Founder, Herman Studios
Easy Testimonials
August 25, 2020
    

I love your product! I would recommend this to anyone. What a great find!

avatar-3
Steve
Developer, Acme Co.
Client Review
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.

default image
~L.G.K
Client Review
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.

~Joan C
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.

~Mildred W
Client Review
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.

~Leo C
Client Review
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.

~Krissy L
Client Review
August 25, 2020
    

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.

~Janice M
Client Review
August 25, 2020
    

"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."

Janice M
Client Review
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.

Krissy L.
Client Review
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.

Leo C.
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.

Mildred W.
Client Review
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.

Joan C.
Client Review
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.

L.G.K.
<
>

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

Blog Subscription

Subscribe to our blog to get all of the latest estate planning news in the Port St. Lucie and Vero Beach Florida areas. Fill out the form below to get our updates.

PORT ST. LUCIE

East Lake Professional Center
2100 SE Hillmoor Drive, Suite 105 Port St. Lucie, FL,34952
Phone: (772) 398-0720
Fax: (772) 398-9331
  • PORT ST. LUCIE

VERO BEACH

Bridgeview Building
2770 Indian River Blvd, Suite 321, Vero Beach, FL, 32960
Phone: (772) 778-8481
Fax: (772) 398-9331
  • VERO BEACH

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 12:00 PM
footer-logo
  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

The information on this Florida Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Kulas & Crawford. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys


© 2023 American Academy of Estate Planning Attorneys, Inc.