A power of attorney can play a vital role in a person’s life when they are no longer able to manage their affairs. Powers of attorney allow a person to take the steps needed to control their money, direct their business, or make important decisions regarding their health when they are no longer personally able to do so. The role of a Palm City power of attorney lawyer is to draft documents that conform to your wishes. An experienced estate planning lawyer can also help contest the validity of a power of attorney in situations where the document does not meet legal standards, or if you believe that the principal did not have the mental capacity to sign the document at the time of creation. Working to Create Legally Binding Documents The potential effects of powers of attorney cannot be understated. When a person signs a general power of attorney, they are giving another party the legal authority to handle all affairs that they would normally do themselves. This can include selling real estate, hiring professionals such as accountants, settling legal claims, and buying life insurance. Powers of attorney can also take a specific form. While a general power of attorney allows the nominated agent to act in ways that they deem appropriate, a limited power of attorney only gives that party the ability to perform specific functions. For example, a limited power of attorney may instruct a party to sell a house, to pursue a lawsuit, or to enroll a person’s children in school. No matter the function of a power of attorney, state law requires that document to take a specific form. According to Fla. Stat. §709.2105(2), to be valid, a power of attorney document must contain: The principal’s signature The signatures of two witnesses who see the principal sign the document A notary’s certification that the principal has signed the document One role of a Martin County power of attorney lawyer is to see that this process goes smoothly. A dedicated lawyer can help gather the necessary parties needed to execute these documents and see that the document meets the needs of the principal. Helping to Contest Powers of Attorney in Martin County Of course, the proper execution of a power of attorney is critical. A failure to perform this process in the correct way can lead to another party challenging the validity of that document in court. Any Circuit Court in the State has the jurisdiction to evaluate the validity of a power of attorney. A power of attorney lawyer can help initiate these challenges or defend the legality of a power of attorney. Under Fla. Stat. §709.2116, many parties may ask the court to evaluate the validity of a power of attorney. These include: The principal or agent Any party asked to act under the authority of the power of attorney Any party who can demonstrate to the court that they have the best interests of the principal in mind Powers of attorney may be invalid for a number of reasons. Improper execution due to lack of proper signatures, a principal not being of sound mind, or an agent not acting in the best interests of the principal are all circumstances that can warrant challenges. One of the many roles of a Palm City power of attorney lawyer is to evaluate the validity of an existing power of attorney document and offer guidance or help in either upholding or defeating the document in court, if necessary.
