At Silvers Law, P.A., we understand how overwhelming it can feel when you’re suddenly tasked with making legal or financial decisions for a loved one. These moments often come with stress, uncertainty, and a deep desire to protect the people we care about. As local estate planning attorneys based right here in Clearwater, Florida, and proudly serving families across Pinellas County, we’ve helped countless people like you navigate important decisions around Power of Attorney.
If you’re just starting to explore this legal tool, or if someone has mentioned you “should really get a POA in place,” don’t worry. You’re not alone, and we’re here to guide you through it—step by step, in plain language.
Whether you’re looking out for an aging parent in Dunedin, helping a sibling in Largo with health issues, or just planning ahead for yourself in Palm Harbor, this guide will walk you through everything you need to know.
What Is a Power of Attorney?
Let’s start with the basics. A Power of Attorney (POA) is a legal document that allows someone else—called your agent or attorney-in-fact—to make decisions on your behalf.
It’s about trust. You’re giving someone the authority to act for you in important matters, like signing documents, managing money, or even making medical decisions, depending on what kind of POA you create.
Think of it like this: if you were suddenly hospitalized and couldn’t speak for yourself, who would step in? That’s where Power of Attorney comes in. It ensures someone you trust has the legal right to help.
Types of Power of Attorney: What You Need to Know
Many people are surprised to learn there’s more than one kind of Power of Attorney. Each serves a different purpose:
Durable Power of Attorney
This remains in effect even if you become mentally incapacitated. It’s often used for long-term planning and is a common choice for aging adults in Clearwater.
Medical (or Healthcare) Power of Attorney
This allows your agent to make health care decisions if you can’t speak for yourself. This is essential for families dealing with chronic illness, dementia, or sudden medical events.
Financial Power of Attorney
This authorizes your agent to handle money matters, like paying bills, managing bank accounts, or handling real estate transactions.
Limited or Special Power of Attorney
This grants very specific powers for a limited time or task—like authorizing someone to sell a home while you’re out of state.
Springing Power of Attorney
This only becomes effective if a specific condition is met, like a doctor declaring you incapacitated.
We’ve seen families in Safety Harbor use a Springing POA when planning for a parent’s potential decline due to Alzheimer’s. It helps them feel prepared but not overreaching.
What Powers Does a Power of Attorney Actually Grant?
Depending on how the POA is written, your agent may be allowed to:
- Sign contracts or legal documents
- Access bank accounts and pay bills
- Buy or sell real estate
- Make healthcare decisions
- File taxes or manage retirement accounts
But here’s the key: you control what powers are granted. At Silvers Law, we work closely with you to make sure the document reflects your needs, concerns, and comfort level.
We’ve helped families in Belleair customize POAs that allow just enough authority for daily assistance, without handing over full control.
How to Get a Power of Attorney in Florida: A Step-by-Step Guide
Setting up a Power of Attorney isn’t complicated, but it must be done correctly. Here’s how it typically works:
Step 1: Talk with an Attorney
We’ll sit down with you—either in person at our Clearwater office or over the phone—and talk through your goals. Who do you trust? What powers do they need?
Step 2: Draft the Document
We create a custom Power of Attorney that matches your exact wishes. You won’t find any one-size-fits-all templates here.
Step 3: Sign with Witnesses and a Notary
Florida law requires that your POA be signed in front of two witnesses and a notary public. We handle all of this for you.
Step 4: Share with Key People
Once signed, we recommend sharing copies with your named agent(s), your doctor, and your financial institution if needed.
Responsibilities and Limitations of a Power of Attorney in Florida
Being named as someone’s agent is an honor, but also a big responsibility. Agents must always act in the principal’s best interest. That means:
- Keeping finances separate
- Keeping records of decisions made
- Not using funds for personal gain
And while the POA gives broad authority, it doesn’t allow the agent to change a will, vote on your behalf, or make decisions after death. That’s where a will or trust comes in.
We’ve counseled many adult children in Clearwater who want to help a parent without overstepping boundaries. We make sure both parties understand what’s allowed and what isn’t.
When Should You Consider Getting a Power of Attorney?
It’s never too early to plan ahead. Here are some moments that might signal it’s time:
- A parent is diagnosed with dementia or memory issues
- You or a loved one are planning surgery
- You travel frequently or live part-time out of state
- You’re building a comprehensive estate plan
We had a couple in Oldsmar come to us right before an international trip. They weren’t elderly, but wanted to make sure someone could step in if something happened. That’s smart planning.
Common Misconceptions About Power of Attorney
Let’s clear up some confusion:
“My spouse can automatically make decisions for me.”
Not necessarily. Without a POA, even a spouse may be blocked from accessing accounts or making medical decisions.
“POA means I lose control.”
Not true. A POA doesn’t take away your power to act. It simply adds someone who can help when needed.
“I can just write something myself.”
In Florida, there are specific legal requirements. A DIY form might not hold up when it matters most. We’ve seen families in Dunedin run into trouble because of outdated or incomplete documents.
Protecting Your Rights and Wishes with a Power of Attorney
A well-crafted Power of Attorney is one of the most important steps in protecting your independence, your health, and your finances. It’s about making sure your voice is still heard, even if you can’t speak for yourself.
At Silvers Law, we don’t just fill in blanks. We listen to your story, understand your needs, and help you create documents that truly reflect your wishes. That’s why so many families in Clearwater and surrounding cities trust us with their most personal decisions.
We’ve walked this path with hundreds of clients, from creating POAs for aging parents in Largo to setting up financial POAs for business owners in Palm Harbor. We’re here to help you too.
Let’s Talk—No Pressure, Just Peace of Mind
If you’re ready to put a Power of Attorney in place, or just want to understand your options, we’d love to talk. We offer free initial consultations, and we’re happy to answer your questions with compassion and clarity.
We know this isn’t just paperwork. It’s your life, your family, and your peace of mind.
Call Silvers Law, P.A. today or schedule a meeting at our Clearwater office. Let’s make sure you and your loved ones are protected.
