Durable Power of Attorney
Tampa Bay:
Who Speaks for You If You Can't?
Picture this: you're in the hospital, unconscious after an accident. Bills need to be paid. Medical decisions need to be made. Your family is in the waiting room — and without the right documents in place, none of them has the legal authority to act on your behalf.
This isn't a worst-case scenario reserved for the elderly. It can happen to any adult, at any age, without warning. A durable power of attorney and a healthcare directive are the two documents that put the right people in charge — before a crisis forces the issue.
The Two Documents Every Adult in Florida Needs
Explore clear, structured options that help you protect your family and outline your wishes.
Durable Power of Attorney
Healthcare Directive
A durable power of attorney authorizes a trusted person — your agent — to manage your financial and legal affairs if you become unable to do so. This can include paying bills, managing bank accounts, handling real estate transactions, and making financial decisions on your behalf.
Healthcare Directive
Designation of Healthcare Surrogate and Living Will
A healthcare directive helps ensure medical decisions are made according to your wishes if you cannot speak for yourself. A Designation of Healthcare Surrogate allows a trusted person to make medical decisions on your behalf, while a Living Will provides guidance for end-of-life care.
What Happens Without These Documents in Florida
Without a durable power of attorney in place, your assets are unreachable by others without court intervention. Florida law does not allow family members to simply step in and manage finances or sign documents on your behalf without court authorization.
With 25 years of litigation experience, Mindy Miller has seen what happens when these decisions are left to a judge instead of a family. Clear incapacity documents help avoid unnecessary stress, delays, and public legal proceedings during a private family crisis.
Do You Need a Lawyer to Set Up a Durable Power of Attorney in Florida
Florida law does not require an attorney to draft a power of attorney, but the consequences of a poorly drafted document are serious enough that professional guidance is strongly recommended.
Florida has specific execution requirements, including signing in the presence of two witnesses and a notary. Forms downloaded online may miss important legal language or fail to align with your broader estate plan.
What Happens Without These Documents in Florida
Without a durable power of attorney in place, your assets are unreachable by others without court intervention. Florida law does not allow family members to simply step in and manage finances or sign documents on your behalf without court authorization.
With 25 years of litigation experience, Mindy Miller has seen what happens when these decisions are left to a judge instead of a family. Clear incapacity documents help avoid unnecessary stress, delays, and public legal proceedings during a private family crisis.
Who Should Have These Documents in Place?
In Florida, every adult over the age of 18 should have a Durable Power of Attorney and Healthcare Directive in place — not just retirees or people with significant assets.
This is especially important for families who recently moved to Florida from another state. A document that worked in New York, Illinois, or California may not meet Florida’s requirements, and local banks or hospitals may reject it.
