What is a Durable Power of Attorney (DPOA)?
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. 11. What is the difference between a “non-springing” DPOA and a “springing” DPOA? A “springing” DPOA is defined in Florida Statute ยง709.08 and permits the attorney-in-fact to assume control of your business affairs only when certain affidavits are signed, including an affidavit sworn to by a doctor (not just a letter signed by your doctor) stating that you are unable to handle your affairs. Unfortunately, many indi
