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Durable Powers of Attorney – Can My Agent Live Out Of State?

I have been focusing at least one blog post a month this year on Durable Powers of Attorney (DPOA)  and the many questions I get about them.  This month, I wanted to discuss whether you can appoint someone who lives out of state as your agent. First, let’s recap what is the purpose of a DPOA.  This document is used to allow you to
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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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Estate planning after a Divorce

So, you’ve gone through a divorce (and it’s probably taken an emotional toll) and you are thankful that the process is over….or is it?  Prior to your divorce, you and your spouse may have taken the time to do your estate planning.  Or perhaps you had listed your spouse as beneficiary on your life insurance and/or retirement plans?  Well, what happens after a divorce? 
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Florida’s New Durable Power of Attorney Statute

The purpose of a durable power of attorney (DPOA) is to provide the least restrictive alternative to having someone act on your behalf to make health care and financial decisions.  The current DPOA statute (which can be found at Florida Statute Section 709.01 through 709.11) is not very long and does not provide a lot of clear guidance as to the principal’s (person who
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The New Florida Durable Power of Attorney statute

Among the new laws which the Florida legislature passed this session were substantial changes to the Durable Power of Attorney Statute.  A durable power of attorney (DPOA) is a document in which you appoint someone to legally act on your behalf.  Essentially, your agent steps into your shoes to handle your affairs.  Currently, DPOA’s can take effect immediately or they can be “springing” meaning
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