Do I Need a Florida Durable Power of Attorney If I Am Married?

Do you have a Florida power of attorney? Are you wondering what it is?  A power of attorney (POA) is a legal instrument that grants a person the authority to act on behalf of another person in various matters, including financial and healthcare decisions.  In regard to marriage, are you wondering whether a spouse is automatically granted a power of attorney over the other spouse’s affairs or do they have to complete legal planning? In Florida, as in many other states, the concept of an “automatic” power of attorney for spouses is a misconception that needs clarification.

A Florida power of attorney is a legal document that authorizes one person to act on behalf of another person. The person who is acting is usually referred to as the “agent” or “attorney-in-fact” while the person creating the document is the “principal.” Be aware that this authority can be broad or limited, covering financial, legal, healthcare, and other specific matters. This Florida estate planning tool allows the agent to make decisions and take actions as outlined in the document. But be aware that a Florida power of attorney does not grant the agent the status of a co-owner or a spouse with automatic decision-making powers.

In addition, you need to realize that a Florida marriage itself does not automatically confer power of attorney rights upon a spouse. Now, of course, marriage does establish a legal relationship with certain inherent rights and responsibilities, but it does not grant automatic authority over the financial and healthcare decisions of a spouse. Therefore, spouses who wish to have this authority must explicitly create a power of attorney document.

So, creating a Florida power of attorney becomes especially important if you want your spouse to be able to have the authority to manage financial matters on your behalf. These financial tasks can include, but not be limited to, tasks such as handling bank accounts, paying bills, managing investments, and even selling property. Without a Florida power of attorney, a spouse has no inherent right to access or control the other spouse’s financial affairs.

Now, there may be another important planning consideration that focuses on durability. Have you heard the term “durable” power of attorney?  In Florida, a durable power of attorney remains valid even if the principal becomes incapacitated. It is particularly important for situations where the principal may be unable to make decisions due to illness, incapacity, or injury.

With all the above said, do you want to avoid potential complications and uncertainties in the future? Then it is essential for you to plan for the future by creating a comprehensive Florida power of attorney with your experienced Florida estate planning attorney. This is especially important for spouses who want to ensure that their partner can act on their behalf if the need arises. Be mindful that waiting until a crisis occurs could lead to legal and logistical challenges as one must have capacity to create this document, making an already difficult situation even more stressful.

To sum up, a spouse does not automatically possess a power of attorney over their partner’s affairs solely due to marriage. It is crucial for individuals to understand that the Florida power of attorney is a separate legal document that must be established intentionally. By proactively creating the appropriate power of attorney documents with their experienced Florida estate planning attorney, couples can ensure they are prepared for unforeseen circumstances and that their wishes will be respected and carried out by their chosen agent.

Your durable power of attorney is a powerful and important tool to add to your estate planning arsenal. We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.