All posts tagged: destin elder law

Florida Power of Attorney: What it can do, and what it can’t do.

A Power of Attorney is, generally speaking, the most important document in a comprehensive estate plan.  A Power of Attorney is a legal document that delegates authority from one person to another. The person who makes a Power of Attorney (called the “principal”) grants their agent specified rights to act on the principal’s behalf. The scope of a Power of Attorney can vary widely, as authority is limited to specified acts or authority is broadly bestowed upon the agent to engage in a wide range of action.  Each person’s need for a power of attorney should be assessed under their particular circumstances. If the Power of Attorney is “durable,” then the principal’s authority to act survives incapacity.  In other words, if the principal is injured or unconscious in a way that prevents them from being able to take action individually, the principal’s authority will remain active even under these conditions.  To make a power of attorney durable, a principal simply needs to make that intention known in the wording of the Power of Attorney. A …

Elder Law: Florida Legislature Reins in Guardians

Elder abuse can take many forms, but those forms are never open or obvious.  Incidents of financial abuse almost always begin with relatives or friends who claim to have good intentions to help elderly individuals who are in poor mental or physical condition.  The following article is a good look at the issue, and some steps the Florida legislature is taking to help avoid misconduct by court appointed guardians.  Click the link below… Legislature takes steps to rein in guardians.