What Is A Durable Power Of Attorney And Why Every Tampa Adult Needs One

Most people assume that if something happens to them, their spouse or family will step in and handle things. In Florida, that’s not how it works. Without the right legal documents in place, even a spouse may not have the authority to manage your finances, pay your bills, or make decisions on your behalf if you become incapacitated.

A durable power of attorney is one of the simplest and most important documents in any Florida estate plan. Our experienced Tampa estate planning lawyer explains what it does and what happens without one.

What a Tampa Durable Power of Attorney Does

A power of attorney (POA) is a type of legal document often included in Tampa estate planning. It gives someone you trust (called your agent) the authority to act on your behalf. The word “durable” is what makes it matter most in a crisis.

Under Florida Statute 709.2104, a durable POA stays in effect if you become incapacitated and grants your agent authority to handle certain matters on your behalf, such as:

• Managing bank accounts, paying bills, and handling day-to-day financial transactions.
• Buying, selling, or managing your home or other property.
• Filing tax returns and handling matters with government agencies.
• Managing investments and retirement accounts.
• Applying for government benefits, including Medicaid, on your behalf.
• Operating a business or managing business interests.

Florida requires that a POA be signed before two witnesses and a notary. It also requires that you spell out specific powers individually. Documents drafted in other states or downloaded from the internet often fail to meet requirements and get rejected at the worst possible moment.

What Happens If You Don’t Have a Power of Attorney in Tampa?

Not creating a durable power of attorney in Tampa can have significant impacts on you and your loved ones if you are incapacitated. Here’s what can happen:

• You must file a formal guardianship petition with the Hillsborough County Probate Court.
• A judge must appoint a guardian, a process that can take months, during which your bills, accounts, and financial obligations may go unmanaged.
• The court maintains ongoing oversight and requires regular accountings and court appearances.
• Banks and other financial institutions may freeze your accounts or refuse transactions.
• Serious disputes over decision-making can erupt among family members.

Ultimately, without a Tampa power of attorney in place, a judge, not you, ultimately decides who is in charge of your finances and personal affairs. Having a POA puts that decision in your hands and on your timeline, before a crisis happens.

To Create a Florida Power of Attorney, Contact Our Experienced Tampa Estate Planning Lawyer

A durable power of attorney takes far less time to put in place than most people expect, and the peace of mind it provides is immediate. At Bubley & Bubley, P.A., our experienced Tampa estate planning lawyer makes sure your documents are properly drafted, legally sound, and built to hold up when your family needs them most. Contact our office today to request a consultation.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0709/Sections/0709.2104.html

hillsclerk.com/court-services/probate-guardianship-and-trust