Power of Attorney Attorney in Miami
A Power of Attorney is an important legal document that allows one person to authorize another person to act on their behalf in certain legal, financial, or other matters.
At Nuñez Estate Law & Title, we help individuals and families in Miami and throughout Miami-Dade County prepare, review, and update Powers of Attorney as part of their broader estate planning.
A properly prepared Power of Attorney can help establish who may act on your behalf and what authority that person may have. The appropriate document depends on your circumstances, the type of decisions involved, and your estate planning goals.
What Is a Power of Attorney?
A Power of Attorney is a legal document that allows one person, known as the principal, to authorize another person, known as the agent, to act on the principal’s behalf.
The authority granted to an agent depends on the terms of the document and applicable law.
Depending on the Power of Attorney, an agent may have authority to handle certain matters involving:
- Financial accounts
- Real estate
- Banking
- Business transactions
- Personal property
- Contracts
- Government or administrative matters
- Other financial or legal transactions
The scope of authority should be clearly understood before the document is signed.
Durable Power of Attorney in Florida
A Durable Power of Attorney is an important part of many Florida estate plans.
A durable Power of Attorney is generally designed to remain effective even if the principal later becomes incapacitated, subject to the terms of the document and applicable Florida law.
This can be important for incapacity planning because it may allow an appointed agent to continue handling certain matters when the principal is unable to manage them personally.
The powers granted to an agent can be broad or limited depending on the document.
Financial Power of Attorney
A Financial Power of Attorney gives an agent authority to handle specified financial or property-related matters on behalf of the principal.
Depending on the document, this may involve matters such as:
- Banking
- Financial accounts
- Real estate transactions
- Buying or selling property
- Managing personal property
- Paying bills
- Managing investments
- Handling business matters
- Signing certain documents
- Managing other financial affairs
The authority granted should reflect the principal’s needs and intentions.
Power of Attorney for Real Estate
A Power of Attorney may be used in certain real estate transactions when an individual cannot or does not want to personally handle a transaction.
Depending on the circumstances, a Power of Attorney may authorize an agent to handle certain matters involving:
- Buying property
- Selling property
- Signing closing documents
- Managing real estate
- Refinancing
- Property transfers
- Deeds
- Other real estate transactions
Real estate transactions can involve significant legal and financial consequences. The Power of Attorney should therefore be carefully reviewed to make sure it provides the authority needed for the intended transaction.
Our Real Estate and Title Services can also address related property and title matters when appropriate.
Healthcare Power of Attorney in Florida
Healthcare decision-making is different from financial decision-making.
A healthcare-related estate planning document may allow an individual to designate another person to make certain healthcare decisions when the individual is unable to make or communicate those decisions.
Florida estate planning may involve documents addressing healthcare decisions, advance directives, and related matters.
Our firm can help clients understand how healthcare planning documents fit within their broader estate plan.
Power of Attorney and Estate Planning
A Power of Attorney is generally only one part of a complete estate plan.
Depending on your circumstances, your estate plan may include:
- Last Will and Testament
- Revocable Living Trust
- Durable Power of Attorney
- Healthcare planning documents
- Living Will
- Beneficiary designations
- Guardianship planning
- Real estate ownership documents
These documents can address different situations and should be considered together.
Our Estate Planning services can help coordinate your Power of Attorney with your other estate planning documents.
Power of Attorney and Incapacity Planning
One of the primary reasons people consider a Power of Attorney is to plan for situations in which they may be unable to manage their affairs personally.
An accident, illness, incapacity, or other circumstance may make it difficult or impossible for someone to handle financial or legal matters on their own.
Having appropriate documents in place ahead of time can help establish who may have authority to act on the person’s behalf, subject to the terms of the documents and applicable law.
Power of Attorney and Real Estate Closings
A Power of Attorney may sometimes be used when a buyer or seller cannot personally attend or sign certain documents related to a real estate transaction.
Depending on the transaction, the title company, lender, or other parties may have specific requirements concerning the Power of Attorney.
For this reason, a Power of Attorney intended for a real estate closing should be reviewed before the transaction whenever possible.
Our firm can assist with coordinating Power of Attorney matters with real estate and title transactions.
Power of Attorney and Probate
A Power of Attorney generally operates during the principal’s lifetime and does not replace a will or determine how the person’s estate will be distributed after death.
After a person dies, the authority granted under a Power of Attorney generally does not continue simply because the agent was previously authorized to act.
Estate administration may instead involve a will, trust, probate, or other applicable legal process.
Our firm also assists clients with Probate and estate administration matters.
Common Questions About Power of Attorney in Florida
What is a Power of Attorney?
A Power of Attorney is a legal document that allows a principal to authorize an agent to act on the principal’s behalf within the authority granted by the document.
What is a Durable Power of Attorney?
A Durable Power of Attorney is generally designed to remain effective despite the principal’s later incapacity, subject to the document’s terms and applicable law.
Who can be my Power of Attorney?
Technically, the person granting the authority is the principal, while the person receiving the authority is the agent. The agent can be a trusted individual selected by the principal.
Does a Power of Attorney give someone complete control over my finances?
Not necessarily. The authority depends on the terms of the Power of Attorney. Some documents provide broad authority, while others are limited to specific matters or transactions.
Can a Power of Attorney be used to sell my house?
Depending on the circumstances and the authority granted, a Power of Attorney may authorize an agent to handle certain real estate transactions, including a sale.
Can a Power of Attorney be used for a real estate closing?
It may be possible in certain circumstances. However, the title company, lender, or other parties involved in the transaction may have specific requirements.
Does a Power of Attorney continue after death?
Generally, a Power of Attorney is associated with the principal’s lifetime authority and does not replace the legal process used to administer the person’s estate after death.
Can I revoke a Power of Attorney?
Depending on the circumstances, a principal may be able to revoke a Power of Attorney. The appropriate process should be followed to ensure the revocation is properly communicated and documented.
Do I need a lawyer to prepare a Power of Attorney in Florida?
Working with an attorney can help ensure that the document reflects your intentions and addresses the authority you want to grant.
Can I use a Power of Attorney from another state in Florida?
The answer can depend on the circumstances and the document involved. If you have moved to Florida or plan to use an out-of-state Power of Attorney for a Florida transaction, it may be appropriate to have the document reviewed.
Can a Power of Attorney be part of my estate plan?
Yes. A Power of Attorney is commonly considered as part of broader estate and incapacity planning.