Power of Attorney Notary
Notarized Power of Attorney, Will, Health Care Surrogate (HCS), Final Directives and Do Not Resuscitate Order
We take pride in our business for helping the local elderly and individuals in their time of need as a Power of Attorney Notary. I have spent many years working in the healthcare sector in my local community. I saw a direct relationship between health care and age, which is unfortunately complicated by the complex laws governing healthcare institutions. The state of Florida is regarded as an Elder Care Law state. There are a number of laws in place that are designed to protect the rights of the elderly and their families. However, these laws can be complex, and many people are not aware of them. Understanding these laws can help ensure that the rights of the elderly are properly respected.
We offer a wide range of specialized services that can be tailored to the individual or family’s needs. We understand that every situation is unique, which is why we travel to and offer our services in a variety of settings. These include assisted living facilities, hospice centers, hospitals, nursing homes, and of course, the comfort of your loved one’s home. We’re here to help you and your family through this difficult time, and we’ll work with you to ensure that your loved one receives the best possible care. These transactions can sometimes take longer than anticipated based on the individual’s sleep schedule, pain tolerance, and medication schedule. Our main objective is to provide peace of mind to individuals and families while not increasing anxiety. We take all individual circumstances into consideration and go with the flow.
Below, we will touch on the different types of Power of Attorney documents that we can notarize. Please keep in mind that we are not attorneys and therefore cannot answer any questions about law. However, we can direct you to the paperwork or the Florida Law Library, where the answers to your questions may be found.
Notarized Power of Attorney
General Power of Attorney
A general power of attorney gives broad powers to a person or organization (known as an agent or attorney-in-fact) to act on your behalf. These powers include handling financial and business transactions, buying life insurance, settling claims, operating business interests, making gifts, and employing professional help. A general power of attorney can be a useful tool if you need someone to handle certain matters while you are out of the country or if you are physically or mentally unable to manage your affairs. An estate plan often includes a general power of attorney to ensure that someone can handle financial matters on your behalf. A Power of Attorney can either have an expiration date or be limited in scope to certain abilities. Unless a date is established for expiration as a rule of thumb POA’s expire at the time and date of demise.
An agent’s powers can be restricted by signing a Limited Power of Attorney. This is often used when a person cannot manage certain affairs due to other commitments or health reasons. Examples of restricted powers include selling property (personal and real), managing real estate, collecting debts, and handling business transactions.
Health Care Power of Attorney or Advanced Health Care Directive
A health care power of attorney grants your agent authority to make medical decisions if you are unconscious, mentally incompetent, or otherwise unable to make decisions on your own. This is not the same thing as a living will. However, many states allow you to include your preference about being kept on life support. Some states will allow you to combine parts of the health care POA and living will into an advanced health care directive.
Durable Power of Attorney
Suppose you become mentally incompetent due to illness or accident while you have a power of attorney in effect. Will the document remain valid? To safeguard against any problems, you can sign a durable power of attorney. This is simply a general, special, or health care POA that has a durability provision to keep the current power of attorney in effect.
You may also wish to sign a durable power of attorney in case you become mentally incompetent due to illness or injury. Specify in the power of attorney that it cannot go into effect until a doctor has certified you as being mentally incompetent. You can name a specific doctor who you trust to make this determination. Or you may require that two licensed physicians agree on your mental state.
Choosing the Right Agent
Trust is a key factor when choosing an agent for your power of attorney. You need someone who will look out for your best interests, respect your wishes, and won’t abuse the powers granted to him or her. This is regardless of whether the agent selected is a friend, relative, organization, or attorney.
It is important for an agent to keep accurate records of all transactions done on your behalf. It is equally important for an agent to provide you with periodic updates to keep you informed. If you are unable to review updates yourself, direct your agent to give an account to a third party.
As for legal liability, an agent is held responsible only for intentional misconduct, not for unknowingly doing something wrong. This protection is included in power of attorney documents to encourage people to accept agent responsibilities. Agents are not customarily compensated; most do it for the good of the individual they are representing.
Be Selective When Choosing Multiple Agents
When appointing multiple agents, you must decide whether they must act jointly or separately in making decisions. Multiple agents can provide more sound decisions, acting as checks and balances against one another. One potential downside is that multiple agents can disagree, which could potentially delay important transactions or signings of legal documents.
If you only appoint one agent, have a backup plan. Any agent may become unavailable to serve when the time comes. A successor agent would take over the power of attorney duties from the original agent, if needed.
You Must be of Sound Mind
A power of attorney is valid only if you are mentally competent when you sign it and, in some cases, incompetent when it goes into effect. If you think your mental capability may be questioned, have a doctor verify it in writing. If your power of attorney doesn’t specify requirements for determining mental competency, your agent will still need a written doctor’s confirmation of your incompetence in order to do business on your behalf. In some cases, a court may even need to be involved in deciding the issue of competency.
It is common practice to secure a master copy with a gold seal and at least 1 certified copy for your records. Power of Attorney documents can be scanned and kept on file as well. You must sign and notarize the original power of attorney document and keep at least 1 certified copy of the original. It is not uncommon for a family to have 2 or 3 sets of documents – 1 original with seal kept safe guarded and other copies to be shared or given to other family members. As of late many physician offices only need to see 1 copy of all documentation and they scan the documents directly into the patients file with the help of their EMR system. At that time, they can upload the documents in question to the hospital network of choice as well.
It is not necessary to have an attorney to execute a power of attorney. However, it may be wise to consult one for advice about the powers being granted, to provide counsel on your candidate agent, and to make sure your document meets all legal requirements.
Remember, you can revoke a power of attorney at any time. Simply notify your agent in writing through what’s called Revocation Power of Attorney and retrieve all copies of your power of attorney. Notify any financial institutions and the County Clerk’s office, if applicable, that your agent’s power of attorney has been revoked.
Needing a power of attorney is almost as certain as death and taxes in everyone’s life. Illness, injury, old age, or daily life commitments happen to everyone. It is important to understand what a power of attorney is and how it can assist in taking care of business, even when you can’t. Should you, a friend, or relative suspect wrongdoing on the part of your agent, report the suspected abuse to a law enforcement agency and consult a lawyer.
Our pricing plans start at $150-$500 (depending on the number of documents, no. of witnesses, and certified copies post transaction.) A brief breakdown of the $500 charge would be anytime, anyplace, 2 people / married couple, providing 2 witnesses and completion of the following: Will, POA, HCS, Living Will, 1 copy gold sealed, 1 copy certified for a total of 16 documents.
We hope this helps to answer some of the questions you might have. Please know we have a special sense of being and obligation with these types of transactions. Because at the end of the day, it is your family, your wishes, and your directives that we are securing for you. Professionalism, kindness, and the natural ability to empathize in these situations come naturally most importantly the documents are legally binding. Securing your peace of mind is our business.