Power of Attorney is an important legal document that is mentioned in many business circles and in cases where important medical decisions are needed to be carried out. There are a lot of confusion and misunderstanding as to what the Power of Attorney can or cannot accomplish. So let’s get right into the essential aspects of the Power of Attorney and determine how a Florida power of attorney form can be beneficial to someone.
Power of Attorney and its basic functions
The Power of Attorney is basically a type of legal document that enables a person to choose another person he or she trusts to make important decisions on his or her behalf. This means that the chosen individual can act in his or her place particularly when the person getting the Power of Attorney is not able to act on his or her own. The reason for which the person may not be able to act on his or her own may be varied. For instance, the individual may be out of town or is suffering from some kind of physical or mental breakdown and is therefore incapacitated and therefore is unable to act on the matters that are relevant in a particular case.
How the Power of Attorney works
If you are looking to get a Power of Attorney drafted, it is important for you to sign the document and officially formalize it while you are in good health and sound mind. It is vital that you are in proper control of your personal faculties and have complete composure. In many cases, the person you choose to carry the Power of Attorney for you may take the action on your behalf when you are not able to do so. There are a number of circumstances in which a document becomes immediately executable once you sign on the document, your physical and mental faculties notwithstanding. When you are handing over this Power of Attorney to someone, you become the principal for the Power of Attorney document. The person you are handing over the document to is known as the agent or the attorney-in-fact.
Factors that can lead to the execution of the Power of Attorney
Here are some factors that make the Power of Attorney executable.
- The document of Power of Attorney has been written and signed by the individual noted as the principal. There should be at least 2 adults bearing witness to the signing. These witnesses should not be in any way related to each other or the principal. The agent cannot be the witness to the signing event. In Florida, the power of attorney document must be effectively signed by the principal as well as by 2 witnesses. It should also be notarized.
- While preparing the Power of Attorney for your needs, you should physically and mentally of sound condition. You should not sign on the document under duress or pressure from anyone else. The document should clearly express your intention to effectively delegate the powers. If the powers mentioned in the document are durable, then the POA should reflect that.
Getting a Power of Attorney online
Currently there are a number of online sites that offer different types of legal forms and you can get a Power of Attorney form free from there