What is a Durable Power of Attorney (DPOA) and how can it help me avoid guardianship?
A DPOA permits you to name an “agent” or “attorney-in-fact” to handle your financial affairs if you become incapacitated which can be defined in the document. For example, a person can be deemed incapacitated upon the writing of two (2) doctors. The DPOA can authorize the agent or attorney-in-fact to transfer property, borrow money, handle bank accounts and pay bills. This document can be very useful to avoid the time and expense of a court appointed guardian. The agent or attorney-in-fact named should be a person who you trust and who is capable of carrying out your wishes. 9. What is the difference between a “non-springing” DPOA and a Aspringing@ DPOA. Before 2002 Florida only allowed “non-springing” DPOAs which meant that a DPOA became effective upon signing and, when necessary, could then be used by the attorneyin- fact. Many lawyers would have clients sign an Escrow Instruction Letter which allowed the release of the DPOA only upon the signer=s oral or written instructions or a wr
