When Does A Florida Power Of Attorney Expire?
A wide variety of laws and regulations underlie the creation, and use, of a power of attorney. Some of these laws and regulations pertain to when such an arrangement expires.
Going over some of these laws and regulations, and how they pertain to the expiration of a power of attorney, while speaking with a lawyer, will allow you to develop an effective power of attorney.
What Is A Power Of Attorney?
A power of attorney is, in essence, an agreement between two people: an individual – or “principal,” legally speaking – and another individual who can act on that individual’s behalf, as an attorney in fact.
Just as an example, if an individual would like to know that their medical wishes will be abided by, in the event that they cannot make decisions, they can grant another individual the ability to make medical decisions for them.
If an individual does not have a power of attorney, then there is a chance that, if they are ever in a position where they cannot make their own decisions, then their wishes will not be granted.
When Does A Florida Power Of Attorney Expire?
To answer the question outlined above, a Florida power of attorney will, in almost every instance, expire right after the individual it is meant to serve passes away.
If an individual has a medical power of attorney, and they pass away, then that medical power of attorney is no longer valid, since they are deceased. And, if this is the case, then that medical power of attorney will expire.
On the other hand, even though a Florida power of attorney does not technically have an expiration date or anything of that sort, this does not mean that you should not update your power of attorney.
Rather, there are a number of circumstances that, if present, should lead you to update your power of attorney. A failure to do so can lead to complications.
When Should You Update Your Florida Power Of Attorney?
You should update your Florida power of attorney if one of the following has occurred:
- If you have divorced your spouse, it is likely that your wishes have changed – as well as your relationships – and, as such, you should update your power of attorney.
- If you have married your spouse, then it is likely that your wishes have changed – as have your relationships – which means you should update your power of attorney.
- If you have a now-tenuous – or, for that matter, non-existent – relationship with the individual who is authorized to act on your behalf, you should update your power of attorney.
- If you have concerns or fears, regarding the individual who is allowed to act on your behalf, then you should update your power of attorney.
- If the individual who was authorized to act on your behalf has passed away, then you should update your power of attorney.
Every single one of these circumstances, if present, should lead to you updating your power of attorney.
Speak With A Florida Estate Planning Attorney
If you want to guarantee that your wishes will be met, even when you are not capable of ensuring that they are, then you need a power of attorney.
Speak with a Florida estate planning lawyer at the Millhorn Elder Law Planning Group and we will help you develop a power of attorney that satisfies all of your needs.
Sources:
law.cornell.edu/wex/power_of_attorney
law.cornell.edu/wex/principal
