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Home >> Creating a Strong Power of Attorney in Florida Takes Careful Consideration

Creating a Strong Power of Attorney in Florida Takes Careful Consideration

December 25, 2013 by Robert Kulas. Leave a Comment

power of attorney in port st lucie flIncorporating a power of attorney into your Florida estate plan is a crucial step. In fact, many people create more than one power of attorney because these documents are so important and useful.

But creating the proper power of attorney in Florida is about a lot more than ensuring that your document meets the basic legal requirements. In recent years many states, including Florida, have adopted laws that have changed how powers of attorney are used. State lawmakers have created these laws primarily because of serious problems that have allowed people to take advantage of their position when granted decision-making abilities under power of attorney. In some situations, people named as an agent have abused their authority to commit elder abuse against those who place them in their positions of trust.

Having a power of attorney that not only ensures that your interests will be protected, as well as one that protects you against wrongdoing is a process that requires careful thought. Your estate planning lawyer will guide you through all the steps you need to go through, as well as point out why the individual pieces you include in your power of attorney are important. Until then, here are several considerations you’ll want to think about when deciding on your power of attorney.

Power of Attorney Creation

The best power of attorney is one you create when you are in good health and are fully capable of making reasonable decisions. Some people have experienced problems with powers of attorney because they created the document when they weren’t fully capable. If you wait too long and, for example, create these documents after suffering a decline in health, this could lead to an abuse of power.

Consider Restrictions

Granting powers of attorney that are too broad can also lead to problems in some situations. You might want to consider imposing limitations on the authority you grant your agent. For example, if you give your agent the ability to use your accounts to pay bills or other expenses, consider him placing a maximum expenditure limit on any payments.

Address Gift-giving

Some people use power of attorneys to allow their agents to make gifts to others. You can do this for a number of reasons, but allowing your agent to give gifts as a way to limit your exposure to estate taxes is common. If you want your agent to have this power, you need to specifically include it in your power of attorney and make sure you state how much the agent is authorized to give.

Of course, there are other steps you can take to help make as strong a power of attorney as possible. Schedule an appointment with your estate planning lawyer as soon as possible, especially if it has been some time since you updated these important documents. Keeping your documents up to date and in accordance with your wishes is the best way to ensure that they will not cause you problems down the road.

Filed Under: Incapacity Planning, Powers of Attorney Tagged With: poa, power of attorney, power of attorney in port st lucie fl

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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."

Janice M
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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.
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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.
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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.
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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.

L.G.K.
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