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Category Archives: Power of Attorney

What Happens If I Do Not Have A DPOA?

What happens if I do not have a DPOA? I understand it is difficult to think about your own incapacity or even death.  However, incapacity can happen at any age, and anyone over the age of 18 should know what happens if they do not have a Durable Power of Attorney (DPOA).  I always point to the example of Terri Schiavo when explaining to
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How Does Incapacity Affect a DPOA?

Over the past couple of months, I have written about what is a Durable Power of Attorney (DPOA), why we need DPOA’s, and who you should appoint as your agent.  This month, I would like to focus on: How Does Incapacity Affect a DPOA? The most important reason to have a DPOA is so that, if something happens and you become incapacitated, you have
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Who Should I Name as an Agent Under My Durable Power of Attorney?

This is a very good question. We discussed earlier in the month Executor Blog about who one should name as the personal representative of their estate, and you would think the answer would be the same. It is and it’s not. While both the personal representative and an agent under a Durable Power of Attorney (DPOA) should both be fiscally responsible and be able
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When Should I Update My Durable Power of Attorney?

Florida Durable Power Of Attorney A common question I receive from clients is how often should I update my estate planning documents? Specifically, how often should you update your durable power of attorney? Generally, I tell clients that any time there is a major life change (birth, death, divorce) of someone who is named in their estate planning documents, they should consider having the
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Do your kids know about your finances? Let’s talk MONEY!

I recently read an article in Kiplinger’s Personal Finance entitled “The Money Talk You Must Have” (November, 2013) written by Jessica Anderson.  In this article, she discusses the fact that, as you age, and your children age, it is important to discuss the issues of inheritance, estate planning and long-term care.  I most definitely agree.  I am amazed by the number of clients who
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Is my Durable Power of Attorney still valid if I move to Florida?

Florida has many transplants from other states and it is very common for people from another state to ask whether their Durable Power of Attorney (DPOA) will still be good in Florida.  The answer is – maybe.  The better answer is – let me take a look at it before I can tell you whether you can use it in Florida.  I know you
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Why do I need a Durable Power of Attorney?

Last month, I answered the question of what is a Durable Power of Attorney (DPOA).  This month, I’d like to discuss the reasons for why someone needs to have such a document. First of all, many people believe that they do not need to do their estate planning until they are “old”.  Ask my twelve year old what “old” is… and she’ll tell you
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Why a “Do It Yourself Will” becomes more expensive in the long-run

A ‘Do It Yourself Will’ may be an inexpensive route, but… A potential client called my office to discuss the probate of her mother’s home now that the mother has passed away.  She told me how she prepared a Will for her mother to sign (she’s not an attorney or paralegal – she just used a form she found on the Internet) and how
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Florida Durable Powers of Attorney – What is it?

I wrote a blog post a couple of years ago about Durable Powers of Attorney and why your college bound child needs one.  To this day, it is a very popular post.  I receive many questions about Florida Durable Powers of Attorney on a regular basis.  So, this year, I thought I would write a blog post each month about different aspects of Durable Powers
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(Un)Married with Children

Love and marriage go together like a horse and carriage?  Maybe not. There have been many reports over the last year discussing the increase in the number of couples that are living together, having children and are not married.  I would venture to guess that more than half of those couples do not have an estate plan.  I say this because statistics show that
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