All posts tagged: walton county 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 Exploitation in Florida

Florida’s Elder Exploitation Law On October 1, 2014, Florida Statute 825.103, entitled “Exploitation of an elderly person or disabled adult” took effect.  This law makes it easier to prosecute people who prey on elders and the law increases penalties for crimes against elders. How does the newly revised statute define exploitation of an elderly person or disabled adult? The revised statute focuses on financial exploitation of elderly and disabled adults. It targets people who use funds, assets, or property of elderly or disabled adults with the intent to deprive them of the use of those funds, assets or property, or to benefit someone other than the elderly person or disabled adult. It also targets people who breach their fiduciary duties, misappropriate money, and fail to use an elderly person’s or disabled adult’s income and assets for the necessities required for that person’s support and maintenance.  Fiduciary duties can exist where a person, whether related or not to the elderly person, establishes a position of trust with an elderly person and then, using that position, misappropriates funds or …

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.