Durable Power of Attorney

Many people are unaware that an ordinary power of attorney is revoked, and the agent's power to act for the principal automatically stops, if the principal becomes incapacitated.

Through a durable power of attorney, an agent may continue to act on your behalf even after you have had a stroke or other incapacitating illness or accident. If the power of attorney so provides, the agent can use your funds to pay your bills and can enter into contracts to provide for any services that you may need.

The Durable Power of Attorney Under Section 709.08 of the Florida Statutes (Deployment Contingent) is the type of power of attorney that we typically recommend.  This durable power attorney ONLY becomes effective when, and if, your treating physician and your designated agent sign affidavits stating that you are mentally incapable of handling your own affairs.  If the disability is temporary, the agent may only act on your behalf during the period of disability.  As with all powers of attorneys, your agent, in your discretion, may be given broad or limited powers.