• Why Choose
    Our Firm?

    We limit the number of clients that we have at one time, allowing us to focus on your case.

    Personalized Representation
  • Know the
    Benefits

    Find out if you and your family can benefit from our elder law planning services!

    More Information
  • Dedicated & Experienced

    Our firm exclusively handles elder law concerns so your family can obtain peace of mind.

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Why Your Florida Durable Power of Attorney Should Be Updated Regularly

Many times I have people come into my office having taken the proactive step of putting a durable power of attorney in place as part of their incapacity planning. However, having put it in place, they checked it off their “to do” list never realizing that it has to be updated on a regular basis.

A durable power of attorney needs to be updated for three reasons.

First, it needs to be updated because your family changes. The person you felt may be the best choice to speak for you in case of your incapacity when you put the durable power of attorney in place may become incapacitated themselves or even pass away.

Second, it needs to be updated because the law changes. For instance, the Florida durable power of attorney law changed substantially in October 2011. This means that anyone with a Florida durable power of attorney signed prior to October 2011 really needs to have it reviewed because it may not work as comprehensively under the new law as it did under the prior law. When your agent is trying to use the durable power of attorney on your behalf is not the ideal time to realize that it may not work as well under the new law.

Third, it needs to be updated because it can’t be amended. Unlike a will or a trust, you can’t amend a Florida durable power of attorney. If you want to change it, you have to sign a whole new one. Because it is a whole new one, there is no way for someone looking at it to know if it is your current durable power of attorney or an older version that you have revoked and replaced. Therefore, the shorter the period of time between when you sign it and when your agent goes to use it on your behalf, the potentially higher the comfort level of people being presented with the durable power of attorney by your agent that it is your current durable power of attorney.

So, just like your car, your incapacity plan needs regular maintenance in order to enhance the chances that it will work well for you when you need to rely on it.

  • Why Choose
    Our Firm?

    We limit the number of clients that we have at one time, allowing us to focus on your case.

    Personalized Representation
  • Know the
    Benefits

    Find out if you and your family can benefit from our elder law planning services!

    More Information
  • Dedicated & Experienced

    Our firm exclusively handles elder law concerns so your family can obtain peace of mind.

    Meet Your Attorney
  • Complimentary Consultation

    Let us help. Request your consultation today and we will be in touch.

    Contact Us Now

Contact Us

Edwards Elder Law, P.A.
St. Petersburg Elder Law Attorney
Located at: 2510 1st Ave. N.,
St. Petersburg, FL 33713
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Phone: (727) 755-5808
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Disclaimer

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.