Law Offices of
J. MANUEL ACEVEDO, P.A.
Longwood Estate Planning?
What is a Power of Attorney?
As with most of the legal instruments that may be used as part of a well thought out estate plan, you should consider whether
you would benefit from having a Florida power of attorney and how a Florida power of attorney prepared by a
knowledgeable estate planning lawyer may help you achieve your goals.
Longwood Estate Planning
Lawyer serving Longwood & Central Florida
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Estate Planning Attorney
serving Central Florida
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Simple versus Durable Power of Attorney
The Law Offices of J. Manuel Acevedo, P.A., are located at 116 North Park Avenue in Sanford, Florida, 32771.
Attorney Acevedo is a lawyer admitted to practice law in Florida, has clients from Florida, the United States, and other countries, and primarily
serves Seminole County, Volusia County, Orange County, and Lake County, and the following cities: Sanford, Longwood, Lake Mary, Heathrow,
Altamonte Springs, Casselberry, Oviedo, Goldenrod, Fern Park, Forest City, Midway, Geneva, Chuluota, Winter Springs, Wekiva Springs, Deland, Deltona,
Orange City, Debary, Lake Helen, Daytona, Deleon Springs, Orlando, Apopka, Maitland, Lockhart, Azalea Park, Winter Park, Mount Dora, Tavares, and Eustis.
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Etate planning consultations may include a discussion of wills, trusts, and other legal instruments to assist our Longwood Estate Planing clients.
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Unless a power of attorney specifies that it is a durable power of attorney, the power of attorney is by default a simple power
of attorney. The distinction between a simple power of attorney and a durable power of attorney is that a durable power of
attorney survives the incapacity of the person who executed it.
Is a Power of Attorney right for You?
A power of attorney is the legal instrument in which a person gives another party the authority to do something for them.
As with most of the legal instruments that may be used as part
of a well thought out estate plan, you should consider whether
you would benefit from having a power of attorney and how a
Florida power of attorney prepared by a knowledgeable
estate planning attorney may help you achieve your goals.
No matter how broad the authority granted, the person that acts as the agent cannot perform duties under a contract that
requires the exercise of personal services of the principal, cannot make any affidavit as to the personal knowledge of the
principal, cannot vote in any public election on behalf of the principal, cannot execute or revoke any will or codicil for the
principal, and cannot exercise any powers and authority granted to the principal as trustee or as court-appointed fiduciary.
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Limited versus General Power of Attorney
A limited power of attorney, as the name implies, typically provides that a person gives another party the limited authority to
do a specific act or acts on the person's behalf. An example of this may be a limited power of attorney that authorizes another
party to conduct banking transactions on the person's behalf without having to place the other party's name on the account and
making it subject to the claims of the other party's creditors.
The more areas your lawyer has experience with,
the better off you will likely be. No matter what
type of legal concern you have, no matter what
type of law, our goal will always be to help you
solve your legal issues.
Call attorney Acevedo so that we may
schedule a one hour confidential consultation for
you right away and help you feel more at ease
regarding your individual situation today.
If you live in Florida and you think you may need a power of
attorney, you should consider consulting with a knowledgeable
and experienced estate planning attorney that is familiar with
the different types of power of attorney in Florida to discuss
your individual situation.
If you are in the Central Florida area, call us. We will gladly
be of service to you.
On the other hand, a general power of attorney typically
provides that a person gives another party broad
authority to do many acts on the person's behalf. These
may include buying or selling property, filing tax returns,
applying for Social Security and other benefits, etc., as
long as the types of acts authorized are specifically listed
in the power of attorney. Nonetheless, even a general
power of attorney has limitations.
As such, a durable power of attorney can be an invaluable tool
that can assist a family to care for a loved one without the need to
resort to the Courts for assistance, should that person be in a
situation that renders the person unable to care for himself.
"Life's tragedy is that we get old
too soon and wise to late."
Naturally, because a power of attorney enables a person to
provide tremendous authority to another, the use of a Florida
power of attorney warrants very careful consideration of the
potential positive and negatives consequences of its use.