How a Durable Power of Attorney Protects Your Rights

A Durable Power of Attorney (POA) is a crucial document in estate planning. This legal tool allows you to designate someone to handle your financial and legal matters if you become incapacitated. It’s more than a formality—it’s a protective shield ensuring your rights are upheld during challenging times. This article explains how a Durable Power of Attorney safeguards your rights and why it’s essential to your Jacksonville estate planning strategy.

Bill O’Leary, Jacksonville estate planning attorney, explains the power and importance of a POA in his video: “Why You Absolutely Need a Durable Power of Attorney.”   He describes the reasons why a durable power of attorney is critical, as well as how to choose the right person to be your agent under a power of attorney.

What is a Durable Power of Attorney?

A durable power of attorney is a legal document that allows you to appoint someone to make decisions on your behalf for financial and legal matters when you are unable to do so. A durable power of attorney remains in effect, even if you become mentally incapacitated.  A medical power of attorney is another type of legal document that protects your healthcare decision-making ability.  Read more in our article Different Types of Power of Attorney (and Who Needs Them)

An individual (the “principal”) can execute a power of attorney authorizing another person (known as an “agent”) to act on his or her behalf to handle finances, sign contracts on their behalf, buy and sell investments, and make other similar types of decisions.  Powers of attorney are frequently drafted as people age and find these matters burdensome, even though they may be mentally and physically able to address them on their own. However, due to the unpredictable nature of life, anyone over the age of 18 should have a durable power of attorney in place in case of accidents or unforeseen events.

Protect Your Right to Manage Your Financial Affairs

One of the primary functions of a durable power of attorney is to ensure that your financial affairs are managed if you cannot do so. With a POA, your appointed agent has the authority to pay your bills, manage your investments, and handle other financial matters.

The POA protects your right to maintain control over your finances through your agent, even if you become incapacitated. Without a POA, the court could assign someone to manage your finances, potentially causing delays, costs, and stress for your family.

Protect Your Right to Maintain Your Independence

A durable power of attorney also protects your right to maintain your independence and have your wishes respected. If you become incapacitated without a POA, the court may appoint a guardian or conservator to make decisions on your behalf.  Guardianship or conservatorship documents are not easy to obtain and can take months to finalize, warns the article “Possible Guardianship Or Conservatorship in Your Future? Plan Ahead With A Durable Power of Attorney” from the Idaho Senior Independent. By establishing a Durable POA, you maintain control over who manages your affairs, ensuring that someone you trust steps in rather than leaving it up to the Florida probate court.

Protect Your Right to Define Flexibility and Control

One of the significant advantages of a Durable POA is the flexibility it offers. You can customize how much authority your agent will have and under what circumstances they can make decisions for you. For example, you can decide whether the POA becomes effective immediately or only if you become incapacitated.  This flexibility protects your right to have your preferences and values honored while giving you the ability to outline the scope of your agent’s power. Read more in our article, Springing vs. Durable Power of Attorney: What’s the Difference?

Protect Your Right to Legal Recognition

A durable power of attorney is a legally recognized document that provides your agent with the authority to act on your behalf. This means banks, financial institutions, and other entities will recognize the agent’s power, reducing any potential disputes about their authority.

Without a POA, your family could face challenges getting access to your accounts or managing legal matters because institutions may refuse to work with anyone not legally designated to represent you.

How a POA Eases the Burden on Loved Ones

A well-crafted durable power of attorney can also reduce the stress and burden on your family. By designating a clear agent to manage your affairs, you eliminate confusion about who should step in. Without this document, family members may disagree on who should make decisions, leading to unnecessary conflict during already stressful times.  With a POA in place, your loved ones can focus on supporting each other rather than worrying about managing your legal or financial matters.

How to Choose the Right Agent for Your POA

Selecting the right person as your agent under a durable power of attorney is just as important as having the document itself. You want someone trustworthy, reliable, and capable of managing complex financial and legal responsibilities. Many people choose a close family member, such as a spouse or adult child, but you can select anyone you feel is up to the task.  Make sure your agent understands the responsibility they are taking on and that they are willing to act in your best interests.

Work with a Jacksonville Estate Planning Attorney to Create a Durable POA

A Durable Power of Attorney is more than just a piece of paper—it’s a critical tool that protects your rights and ensures that your financial and legal matters are handled according to your wishes if you are unable to manage them yourself. Don’t wait until it’s too late to put this essential document in place.

At Legacy Planning Law Group, we help Jacksonville residents protect their legacies and personal rights with well-crafted estate plans that include a Durable Power of Attorney.  Schedule a discovery call with our team to ensure your rights are protected and you maintain control over your financial decision-making no matter what happens.