Power of Attorney Lawyers in Florida

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Appoint Someone You Trust to Act on Your Behalf

A Power of Attorney (POA) is one of the most important estate planning documents you can have. It ensures that if you become unable to make financial, legal, or medical decisions, someone you trust can act for you—quickly, lawfully, and according to your wishes.

At Willis & Davidow, our Florida power of attorney lawyers prepare durable, medical, and limited POAs that comply with Florida law and reflect your unique needs. We help individuals and families across the state gain peace of mind by ensuring decisions will always be handled responsibly and legally.

What Is a Power of Attorney?

A Power of Attorney (POA) is a legal document that allows one person (the principal) to grant another person (the agent or attorney-in-fact) the authority to make decisions and act on their behalf. This authority can apply to financial, legal, medical, or personal matters, depending on how the document is structured.

A power of attorney is commonly used when someone becomes temporarily unavailable, incapacitated, or unable to manage their own affairs, ensuring that critical decisions can still be made without court intervention.

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How a Power of Attorney Works

How a Power of Attorney Works

When you create a power of attorney, you specify:

  • Who can act on your behalf
  • What powers they are allowed to exercise
  • When those powers begin and end

Once executed, the agent can legally perform actions such as:

  • Managing bank accounts and paying bills
  • Signing contracts and legal documents
  • Handling real estate transactions
  • Making healthcare decisions (with a medical POA)

The agent is legally obligated to act in the principal’s best interests and follow the instructions outlined in the document.

Types of Power of Attorney

Our attorneys help you understand and create the right type of Power of Attorney based on your goals.

Durable Power of Attorney

A Durable Power of Attorney remains valid even if you become incapacitated. This ensures your chosen representative can manage finances, pay expenses, file taxes, and handle legal or business matters when you can’t.

Under Florida law (§709.2101), a durable POA must include specific statutory language to remain valid during incapacity. Our firm ensures your document meets every legal requirement.

Medical Power of Attorney (Health Care Surrogate Designation)

A Medical Power of Attorney, also called a Health Care Surrogate Designation, allows you to name someone to make medical decisions if you’re unable to communicate.

This person can speak with doctors, approve treatments, or make end-of-life decisions consistent with your values.

Our attorneys can also prepare your Living Will, which expresses your preferences for life-sustaining treatment, resuscitation, or artificial nutrition.

Limited or Special Power of Attorney

If you need someone to handle a specific matter—such as selling a property or managing a single financial transaction—we draft a Limited POA that grants narrow, time-limited authority. This is ideal for business owners, investors, or individuals temporarily out of state.

Springing Power of Attorney

A Springing POA takes effect only after a specific event (such as a physician’s certification of incapacity). While Florida law has moved away from new springing POAs, we can help review or update older documents to ensure continued validity.

Who Should Have a Power of Attorney

Why You Need a Florida Power of Attorney Lawyer

Many online forms fail to meet Florida’s strict execution standards or omit essential authorities, rendering them invalid when needed most.

Our attorneys ensure your POA is legally enforceable, customized, and comprehensive.

We help you:

  • Choose the right agent and alternate agents
  • Define clear powers and limits
  • Ensure compliance with Florida Statutes (Chapter 709)
  • Notarize and witness documents correctly
  • Integrate your POA into your estate planning documents, including wills and trusts

A properly executed POA avoids confusion, delays, and unnecessary court involvement — saving your family stress and expense.

Who Should Have a Power of Attorney?

Everyone over 18 should have a Power of Attorney as part of a complete estate plan. It’s especially crucial for:

  • Seniors planning for long-term care
  • Business owners managing complex assets
  • Retirees or “snowbirds” living part-time in Florida
  • Adults caring for aging parents
  • Families coordinating healthcare and finances across states

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Why You Need a Florida Power of Attorney Lawyer
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Speak With a Power of Attorney Lawyer in Florida

If you or a loved one needs help drafting or updating a Power of Attorney, Willis & Davidow can help.

Our attorneys ensure your wishes are clear, your documents are valid, and your loved ones are protected when it matters most.

 

Frequently Asked Questions About Power of Attorney in Florida

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What makes a Power of Attorney valid in Florida?

It must be signed by the principal, in the presence of two witnesses, and notarized. A durable POA must include specific wording stating it remains in effect even if the principal becomes incapacitated.

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Can I download a free Power of Attorney form?

Generic forms may not meet Florida’s legal standards. An improperly executed POA can be rejected by banks, hospitals, or courts. It’s best to work with an attorney to ensure compliance.

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What’s the difference between a Durable and Medical Power of Attorney?

A Durable POA covers financial and legal matters, while a Medical POA or Health Care Surrogate Designation covers healthcare decisions.

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Can I revoke a Power of Attorney?

Yes. You can revoke a POA at any time, as long as you are mentally competent. We prepare and record revocation documents to ensure all institutions are notified.

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Who should I choose as my agent?

Select someone trustworthy, financially responsible, and willing to act in your best interest. Many people appoint a spouse, adult child, or close friend.

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Does a Power of Attorney continue after death?

No. A POA automatically terminates upon the principal’s death. After that, your will or trust governs the distribution of your assets.

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Should I update my Power of Attorney after moving to Florida?

Yes. Out-of-state POAs may not comply with Florida’s formalities. We review and adapt existing documents to ensure validity under state law.

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Why Choose Our

Naples Estate Planning Lawyers

Our firm combines deep knowledge of Florida estate law with a personal, relationship-driven approach. We’re committed to protecting your wealth and ensuring your family’s future is secure—today and for generations to come.

Schedule a confidential consultation with an estate planning attorney in Naples to begin building your comprehensive plan.

“It’s rare to find a law firm that combines professional expertise with this level of compassion. We are truly grateful for their help and would recommend them without hesitation to anyone in need of estate planning services.” – Mona D.

“Excellent experience working with this firm on estate planning. The team on my account has been very responsive and thorough and anticipated needs that I didn’t know I should need. Highly recommended.” – Barb B.

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