Palm Beach Estate Planning: Can Having A Power Of Attorney Protect Me From a Guardianship?
What is a durable power of attorney in Florida? Can it allow me to avoid a guardianship in Florida? Should I create a Florida estate plan in case I become incompetent? What is the difference between a guardianship and a power of attorney?
Power of Attorney and Palm Beach Guardianship
- A power of attorney may act as a proper substitute for guardianship.
- What is the difference?
- A power of attorney is voluntarily signed by the party who would become a ward.
- On the other hand, probate litigation lawyers in West Palm Beach know that, often times, a guardianship proceeding is done against a person’s will.
- Do you have a power of attorney that may act as a proper substitute to guardianship?
- Experienced Florida probate attorneys draft these agreements to stand up against the tests judges throw at them.
- Is your power of attorney strong enough to stand up?
Florida Statute 744.462
- This statute guides guardianship courts in Florida, specifying what they must consider when a person, who is subject to a guardianship, already has a durable power of attorney.
- People may be able to avoid a guardianship if they have proper estate plans in place.
- Estate planning lawyers in Palm Beach are able to create estate plans fairly quickly and affordably.
- The West Palm Beach guardianship court knows that, if a power of attorney is the least restrictive means that can be used to meet the needs of a person in a guardianship matter, then a guardianship may not be required.
- To read Florida Statute 744.462, and learn more about how judges in West Palm Beach decide whether a person’s power of attorney is sufficient, click here.