Free Report Reveals Estate Planning Secrets

How Durable Is Your
Durable Power Of Attorney?

On October 1, everything about the Durable Power of Attorney, as we know it, changed dramatically. That’s when the State of Florida implemented a new set of laws governing these documents. And the impact on both Boomers and seniors could be significant.

WHAT DOES THIS NEW LEGISLATION MEAN FOR YOU?

  • The traditional “springing” feature of a Durable Power of Attorney is now gone. The document will now take effect once you sign it, rather than if and when you become incapacitated.
  • There will no longer be “blanket” Powers of Attorney granting powers to your agent; you’ll now have to sign or initial these powers one-by-one.
  • It may be much more onerous and time-consuming for your agent to execute the provisions of your Durable Power of Attorney…to execute your wishes. 
  • Your Durable Power of Attorney will not even be considered “Durable” unless it contains specific language to that effect!
  • Creating a new PDA will no longer automatically void the existing one. You’ll now have to sign a specific type of revocation statement.
  • The new statute mandates very specific language; no longer will broad references such as “to act in the principal’s best interest” be allowed.

This new statute also gives banks the power to ask for a legal opinion as to whether they’ll even accept your PDA!

DOES YOUR DURABLE POWER OF ATTORNEY STILL PROTECT YOU?

Senate Bill 670 adds, deletes, and changes many powers and provisions that were taken for granted until now.

And even if you’ve done a properly-executed Power of Attorney previously, don’t assume you’re protected. The provisions in it will become subject to the new law – meaning that it may no longer provide you with the full rights, privileges, and protections that it once did.

THE BOTTOM LINE?

The only way to know for sure if you’re protected, of course, is to get your DPA checked by an attorney who’s an expert in elder law.

We can help. We can tell you if you’re in good shape with your existing Power of Attorney…or if you’re not. And if you’re not, we can draw up an iron-clad Durable Power of Attorney for you…one that will protect your interests, and spell out your wishes.

Peace of mind is a precious gift. Make sure your “Durable” Power of Attorney truly is durable!

We provide FREE, valuable materials, education, support and services related to the issues surrounding the aging and disabled.

Feel free to request any of our
FREE GUIDES AND REPORTS:

(click the links to request the reports)

Consumer's Guide to Medicaid, Veteran's Benefits for Long Term Care Needs and Incapacity Planning. Our original primer, right to the point, on the steps families should be taking right now to care for their loved ones, while protecting their assets, legally and honestly. Provides an overview of Medicaid and Veteran's Benefits for long term care needs including in-home, assisted living and nursing home care.

Consumer's Guide to Hospice Care in Florida - It’s Much More Than You Think. Most people never get the true benefit from this fully Medicare covered service. In addition to bursting the myths and legends about Hospice, our guide will walk you through the legal steps a family should take as soon as the Hospice decision is made to protect assets and provide for an orderly transition after the passing. Includes an all-new Bonus Section on Long Term Care Needs and Incapacity Planning.

Consumer's Guide to Alzheimer's Disease - The Plain Truth. If you have a loved one afflicted with this terrible disease, you likely have unanswered questions and want the plain truth. We offer the resources to help you understand this disease, get good care for your loved one, ensure care is given to the caregiver and protect the family's assets to regain peace of mind.

Special Report: The "Time Bomb"...Why You Need a Board Certified Elder Law Attorney to Apply for Your Veteran's or Medicaid Benefits. A discussion of the pitfalls, minefields and blunders that clients have experienced when they did not seek the assistance of a board certified elder law attorney to navigate these complex applications processes. True-life horror stories of issues our clients have endured, the money they have wasted and the mistakes we have corrected.

Special Report: Making a Loud Statement - The Indispensable Guide to Wealth and Legacy Preservation for Florida's Silent Generation. Where did the pre-baby boomers get this identity? The Obedient / Compliant / Parent Pleasing Generation (born 1928-1945) may not have been at Woodstock but this current group of seniors, has broken the mold of the "traditional" family. Preferably called the "Bridge Generation", they have a lot to say about their senior years and a need for protecting and planning for the years ahead and the people they love.

Special Report: Special Concerns in Estate Planning for Same-Sex Couples. There are 5.5 million households in the US classified as "unmarried" and many of these are same-sex households. Although the LGBT community can certainly take advantage of much of the traditional estate planning tools we use, they can also benefit from some of the unique tools designed to address the special needs of this community that require special planning