Durable Power of Attorney

Do you know what would happen to your financial and legal matters if you became unable to manage them?

 

Most people don’t think about it until a crisis hits. Let’s say you had a stroke, a serious accident, or a terminal diagnosis, and a mortgage needs to be paid, the bills are stacking up, and no one has the legal authority to do anything about it. Not even a spouse, in many cases. 

 

If you had a durable power of attorney, someone you trust (called your “agent” or “attorney-in-fact”) would be able to handle your financial and legal affairs on your behalf. They could legally and safely manage everything for you, so that nothing turns into a mess if you become incapacitated. Without one, your family can be stuck in a court process that takes months and costs thousands, just to be able to help you.

 

atCause Law has helped countless Tampa Bay families create customized durable powers of attorney that protect themselves and their families. We know all of the Florida laws and local rules like the back of our hand, being based in Clearwater with over 40 years of combined experience. 

 

What Does a Durable Power of Attorney Do?

A durable power of attorney can be broad or limited in the scope of your permission. In Florida, a properly drafted durable POA can authorize your agent to:

• Pay bills, manage bank accounts, and handle everyday finances

• File tax returns and deal with the IRS

• Buy, sell, or manage real estate on your behalf

• Manage investments and retirement accounts

• Apply for government benefits, including Medicaid

• Handle business interests

As for limits on your agent's behavior: under Florida Statute §709.2114, your agent is held to a strict fiduciary standard. They must act in your best interest, keep your assets separate from their own, and maintain accurate records. 

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What Happens If You Don't Have A Durable Power of Attorney

If you become incapacitated without a durable power of attorney in place, nobody, not your spouse, not your adult kids, not your closest family member, can legally touch your finances. Not without going to court first.

That court process is called a guardianship proceeding, and under Chapter 744 of the Florida Statutes, it means filing petitions, attending hearings, and waiting on a judge to appoint someone to manage your affairs. It typically takes months. It can cost several thousand dollars in legal fees. It becomes part of the public record. And the person the court appoints may not even be who you would have chosen.

Meanwhile, your bills are still due. Your bills don't pause for the legal process.

A durable power of attorney bypasses all of that. You pick someone you trust to act for you, and define what they can do. You sign one document, and your family never has to see the inside of a guardianship courtroom. It costs a fraction of what that proceeding runs, and it gives you something a court order never can: your own choice about who takes care of things when you cannot.

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The atCause Law, “Non-Stuffy Attorneys” Way

A lot of people put off having a durable power of attorney because they’re not sure where to start, and are unaware that it’s one of the most important parts of your estate plan. We’re here to bridge that gap.

When you come to atCause Law, we talk through your situation before anything gets drafted. Your family, your finances, and who you'd trust to step in if something happened. We explain what the document does, help you think through who the right agent is, and make sure you leave with a document you truly understand, not just one you signed.

Our office is based in downtown Clearwater, close to Morton Plant Hospital and senior communities throughout Pinellas County. We work with families from Clearwater and Dunedin to Tampa and St. Petersburg every week. We provide flat-fee pricing and always strive to provide the clearest and most transparent communication possible.

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Answering Frequently Asked Questions

Does my durable power of attorney have to be notarized in Florida?

Yes — and witnessed. Under Florida Statute §709.2105, a durable POA must be signed in front of two witnesses and a notary public to be legally valid. A document that skips these steps may be rejected by banks, title companies, or government agencies. We handle proper execution as part of every engagement, so you leave with a document that actually holds up.

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Can I name more than one agent?

Absolutely. Florida Statute §709.2111 allows you to name co-agents who act together, or successor agents who step in if your primary agent can't serve. We help you think through the right structure—sometimes naming one person clearly in charge is better than requiring two people to agree on everything.

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Can I change or cancel it later?

As long as you're mentally competent, you can revoke a durable power of attorney at any time under Florida Statute §709.2110. 

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Is a durable power of attorney the same as a living will?

No, these are two separate documents that serve very different purposes. A durable power of attorney covers financial and legal decisions. A living will (advance directive) addresses your wishes for end-of-life medical care. A healthcare surrogate designation names someone to make medical decisions on your behalf. We suggest having all three, so nothing goes unbalanced.

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My spouse and I own everything jointly. Do we still need this?

Yes, and this is one of the most common misconceptions we run into. If you share a joint bank account, your spouse can access that, but retirement accounts, individually titled assets, and certain real estate matters are a different story entirely. Anything in your name alone can't be accessed or managed by your spouse without legal authority. A durable power of attorney ensures they have that legal authority prepared.

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Contact atCause Law Today

A durable power of attorney is one of those things that's easy to put off because nothing bad has happened yet. But it's also one of the simplest documents to get in place, and one of the most valuable ones to have.

 

If you're ready to take care of it, we're ready to help. One conversation is all it takes to get started.

Get your consultation today!