Are you looking for a power of attorney lawyer in Orlando, FL?
At Magill Law Offices, we provide trusted power of attorney counsel for individuals and families throughout Orlando.
If you want to name someone to manage your finances or property in Orlando when you cannot act for yourself, a power of attorney gives that person legal authority. The document must meet Florida’s signing requirements, and it must state the agent’s powers clearly enough for banks and other institutions to accept it.
Our Orlando, FL power of attorney lawyer drafts each document around the client’s accounts, property, and family circumstances. The firm opened in 1977, and estate planning has been central to its practice for 49 years. To discuss your own document, request a free consultation with Magill Law Offices.
Power of Attorney Lawyer Orlando, FL
A power of attorney lawyer prepares the document in which one person, called the principal, authorizes another person, called the agent, to act in the principal’s financial and legal affairs. The lawyer also advises on which powers to grant, who should serve, and how the document works with the rest of an estate plan. The rules for a Florida power of attorney are specific, and general forms often omit powers an institution will ask to see.
Census Bureau estimates place Orange County’s population at 1,528,002, and 14.3 percent of those residents are age 65 or older. An illness or injury can affect a person’s capacity at any age. We therefore recommend a durable power of attorney to every adult client, not only to retirees.
Types of Power of Attorney Cases We Handle in Orlando
The right document depends on how much authority the principal wants to give and for how long. For individuals, families, and business owners, our Orlando power of attorney lawyer prepares and reviews each of the documents below.
- Durable power of attorney. A durable power of attorney stays in effect if the principal later loses the ability to make decisions. It is the form most clients need, since an agent’s help becomes necessary once the principal can no longer manage accounts or sign documents.
- General power of attorney. This document grants broad authority over banking, investments, bills, and taxes. We write out each power individually, because institutions look for express authority before they act on an agent’s instruction.
- Limited power of attorney. A limited power of attorney covers one transaction or a set period, such as a sale that closes while the owner is traveling. The authority ends when the task is complete.
- Advance directive. A financial agent does not make medical decisions. A separate designation names the person who will speak with physicians, and we prepare both documents so the two roles are clear.
- Real property. An agent who will sell, refinance, or manage a home needs specific real estate powers. We draft those provisions for buyers, sellers, and owners, and we prepare the document in a form suitable for recording.
- Small business. A business owner can authorize an agent to sign contracts, manage company accounts, and keep operations running during an absence or illness. Our firm coordinates this authority with the company’s governing documents.
- Updates and revocations. A divorce, a death, or a change in the relationship with an agent calls for a new document. We prepare the revocation, draft the replacement, and advise the client on notifying banks.
- Agent duties. People named as agents often ask what they are permitted to do. We explain the records an agent must keep and the limits on gifts and transfers.
Why Choose Magill Law Offices as my Power of Attorney Lawyer in Orlando, FL?
Planning Counsel for Individuals, Families, and Business Owners
Robert T. Magill previously taught estate planning subjects as an Adjunct Professor at the University of Central Florida. He now owns and leads Magill Law Offices, the firm his late father, Patrick Magill, founded in 1977. His practice covers estate planning, probate, trusts, small business formation, and real estate. A power of attorney can involve every one of those areas.
A client who needs an estate planning lawyer in Orlando, FL for a complete plan can have the will, the trust, and the power of attorney prepared by one office. The documents then use consistent terms and name the same decision-makers.
A Free Consultation and Fees Explained Before Work Begins
The first meeting with our firm is free. Depending on the documents you need, the work is billed either hourly or at a flat rate, and you will know which before we start.
Your contact at the firm is Robert himself, from the first meeting through the signing. He belongs to the Real Property, Probate and Trust Law Section of The Florida Bar and to the Orange County Bar Association. People who have hired the firm describe working with him in our published reviews.
Understanding Power of Attorney Cases
Key Power of Attorney Documents and What They Do
Several documents operate during a person’s lifetime, and each has a separate purpose. The points below explain where a power of attorney fits among them and where its authority stops.
- The durable power of attorney covers finances and property.
- Medical decisions belong in separate healthcare directives, and a living will records wishes about end-of-life treatment.
- An agent owes the principal loyalty and good faith. The agent must also keep the principal’s funds separate from personal funds and maintain records, as the federal guide for Florida agents explains.
- An agent can act only under the powers the document specifically grants, and a missing power usually comes to light after the principal is no longer able to sign a new one.
- Some federal benefits fall outside the document entirely. The Social Security Administration requires an agent to apply as a representative payee before managing a beneficiary’s payments.
- The agent’s authority stops when the principal dies, so a power of attorney does not avoid probate.
After the principal’s death, the estate passes to the personal representative, who may work with an Orlando estate administrator lawyer. A power of attorney is therefore one part of an estate plan, and it does not replace a will or a trust.
What Are Important Aspects of a Power of Attorney Case?
The choices written into a power of attorney determine how well it works. Clients make four main decisions before the document is signed.
- The choice of agent comes first. The agent will control money and property, so the person must be trustworthy, organized, and available. The same judgment applies when you select an executor or trustee.
- Successor agents should also be named, because a second and a third choice keep the document usable if the first agent cannot serve.
- The scope of authority requires care. Certain powers, including gifts and changes to beneficiary designations, carry a higher risk of misuse, and we include them only when the client asks for them.
- The document must be coordinated with any trust. Assets held in a revocable living trust are managed by the trustee, so the two documents must agree. We often prepare the power of attorney while a client is choosing the right trust.
Each decision can be revisited later, because a principal who still has capacity may sign a new document at any time.
What Is The Power of Attorney Case Timeline?
Preparing a power of attorney involves a short sequence of steps. The steps occur in the order below.
- The process begins with the consultation, where you select your agent and the powers to grant.
- We then draft the document and send it to you for review.
- The document is signed in our office before witnesses and a notary, which Florida requires for a valid power of attorney.
- After the signing, you receive the original, and we discuss who should hold copies.
- A document that grants real estate authority may also be recorded in the county’s official records before a closing.
We recommend a review whenever your family or finances change, which is also a sensible time to update your estate plan.
What Should You Bring to Your Power of Attorney Consultation?
We can prepare a draft sooner when you arrive with a few details.
- Please bring the full legal names and contact information of the people you are considering as agent and successor agents.
- A summary of your bank, investment, and retirement accounts shows us which powers the document needs.
- Deeds or addresses for any real estate you own are helpful.
- You should also bring any existing power of attorney, will, or trust so we can check for conflicts.
Robert uses the meeting to learn your goals and to recommend the documents that fit your situation, including the powers a Florida document can grant. A draft follows for your review before the signing appointment.
Orange County Probate Court and Local Resources
When an adult in Orlando loses capacity without a valid power of attorney, the family generally must ask the probate division of the circuit court in Orange County to appoint a guardian. The offices and publications below provide related information.
- The Orange County Clerk of Courts answers common guardianship questions about that proceeding.
- Powers of attorney used in real estate transactions are recorded with the Orange County Comptroller, whose office explains its official records requirements.
- Older residents and caregivers can call the state Elder Helpline, which serves Orange County through the Senior Resource Alliance.
- A planning document checklist from the National Institute on Aging helps people organize these papers.
- General questions about these documents are answered in a power of attorney pamphlet from The Florida Bar.
These resources provide general information, and our office can explain how each one applies to your circumstances.
Reach Out to Magill Law Offices to Schedule a Consultation
Contact us to arrange a free consultation with a power of attorney lawyer in Orlando. You can put a power of attorney in place at any time while you are able to make your own decisions, and this meeting is the first step. We will talk through your choice of agent, the powers you want to grant, and the other documents your plan may need. Magill Law Offices answers each request for an appointment as soon as our schedule allows.