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    • Kenneth E. RhodenKenneth E. Rhoden – Mr. Rhoden has been an attorney practicing in Brevard County since 1986. He has litigated many serious cases including complex divorces and death penalty cases.
    • Michael J. KelleyMichael J. Kelley – Mr. Kelley is an experienced trial attorney with a strong emphasis on Criminal Defense such as DUI, misdemeanors, felonies, VOP, and juvenile cases.
    • Barbara Helm PetersBarbara Helm Peters – Ms. Peters is an experienced trial attorney with an emphasis in Family Law and Criminal Defense. Admitted to the Florida Bar in 1995, she is also a Florida Supreme Court Certified Mediator.  
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    • Anthony P. MarioAnthony P. Mario – Mr. Mario founded our firm in Brevard County in 1976. He is retired and is of counsel to the firm. He focused on Family Law, Criminal Defense, and complex Civil Litigation.
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    Home » Wills & Probate » Power of Attorney

    Durable Power of Attorney

    A Durable Power of Attorney document is an important part of your plan for possible incapacity.  This document is helpful if you have trouble getting around or become incapacitated.  A Durable Power of Attorney is only effective during your lifetime, its power terminates upon your death.  It can be revoked or changed by you during any time of capacity – it cannot be changed after you are incapacitated.  (If you have questions about what incapacity is in Florida, call us for more information.)   In summary a Durable Power of Attorney provides legal protection for you and your assets and Florida State Statutes Chapter 709 govern the creation, execution, and eventual use of powers under your Durable Power of Attorney.

    This Durable Power of Attorney document carries great power as it provides a person appointed by you (the “Agent”) with the authority to manage your financial affairs (you are the “Principle”).   It is important that this document be drafted with great attention to your specific needs. Considerations must be made for Medicaid eligibility in the future, your basic needs, on-going care, your children or other heirs, and your spouse.  Many people want to avoid the demanding and costly experience of Guardianship;  a properly drafted Durable Power of Attorney can authorize the Agent to act in ways that can keep you and your assets out of Guardianship.  Do not make the mistake of filling out a generic form – this is unwise and is a potentially expensive mistake for you and your family.  If the document is not legally sufficient the Bank, Hospital, Government Agency, Insurance Company or other institution will refuse to take action based on the document.

    Your Durable Power of Attorney will be used (primarily) by your Agent when you are unable to make decisions/are in a position of incapacity.   Any issues with the document will likely be discovered after you are incapacitated and the Agent has begun trying to work on your behalf.  Then it is too late to change anything or correct any deficiencies.

    Here is an example of how your Durable Power of Attorney works.  If your documents authorize your Agent to do so, your Agent can gain access to your bank accounts, certificates of deposit, mutual funds or your Agent can enter into a contract on your behalf or sell property you own.  It is a very powerful document with broad authority for the Agent to act on your behalf however there are also statutes that require the Agent to act only in your best interest.

    Please ensure your Durable Power of Attorney is drafted to accommodate you and your specific needs.  Call us for a free consultation at our office or in your home – initial consultations are always free.  321-631-0506

    Read more about other common planning documents:
    • Last Will & Testament
    • Living Will 
    • Health Care Surrogate Designation

    Related Topics

    1. Florida Power of Attorney and Fiduciary Agent
    2. When a Power of Attorney Goes Wrong
    3. Do You Have a Declaration of a Pre-Need Guardian in Your Estate Plan?
    4. What is a Fiduciary?
    5. Wills & Probate
    6. Health Care Surrogate
    7. Living Will
    8. Last Will
    9. What You Need To Know About Guardianship in Palm Bay, Melbourne, and Titusville, Florida
    10. Guardianship

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      The information on this website is not legal advice and is provided only as general information. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The law changes rapidly and can be interpreted in different ways by different courts. The contents of this site could be unsuitable to your circumstances, outdated, or not sufficiently detailed for your needs. An attorney-client relationship is not created by review of this site. By use of this site, as with any electronic communications privacy is not guaranteed. Mario, Gunde, Peters, Rhoden & Kelley will not sell or disclose or in anyway use information you provide that is not consistent with the provision of legal services, unless required by law. This website is provided without warranty either express or implied of any kind. Links within this website are independent of this website and are provided only as a convenience and MGPR&K disclaims any responsibility for the contents of the sites.