What Are The Advantages And Limitations Of A DPOA?

A durable power of attorney (DPOA) is a legal document that allows you, known as the principal, to designate someone, known as the agent, to manage your legal and financial affairs. Unlike other types of powers of attorney, the term ‘durable’ refers to the fact that the authority granted to the agent remains in effect if you become incapacitated. This is an important factor, as it means your affairs will still be managed without the requirement of a court-appointed guardian. Below, our St. Petersburg advance directive lawyer explains in further detail.

What are the Advantages of a DPOA? 

A DPOA is a very important tool and drafting one has many benefits such as the following:

• Cost-effective: Drafting a DPOA is a relatively straightforward process. It is also quite inexpensive. If you become incapacitated, having a DPOA in place can help you avoid the high costs of court or a guardian being designated to control your affairs.
• Retain control: If you do not have a DPOA and become incapacitated, the court has the authority to appoint a guardian for you, which may be someone you would not have chosen. In a DPOA, you can decide who to appoint as your agent, making sure it is someone you feel trust. You can also specify the level of the power you are giving the agent, furthering allowing you to retain control.
• Accountability: To ensure that abuse does not occur, you can also include instructions that require your agent to record all transactions and provide accounting. This ensures that your agent is held accountable.
• Flexibility: It is possible to draft a DPOA that includes specific or general powers, making sure that it fits your custom needs. For instance, you may give your agent the power to pay bills, control your real property, or handle your tax filings.

What are the Limitations of a DPOA? 

While there are many advantages associated with durable powers of attorney, there are some limitations or drawbacks, as well. These include:

• Abuse: The biggest drawback to a DPOA is that there is always the possibility that your agent will abuse the power you give them. Your agent may abuse their power, which could result in real financial loss for you. To avoid this, it is critical to choose someone you trust implicitly and know will act in your best interests.
• Lack of legal oversight: The fact that the court does not oversee DPOAs is both an advantage and a disadvantage. Although it can ensure there are no delays, it can also work against you if your agent does not act in your best interests.
• Terminated upon death: A DPOA is only effective during your lifetime. Upon your death, the agent no longer has authority to handle any legal or financial decisions.  Due to this, it is essential that you also draft a will, trust, and other estate planning documents when drafting a DPOA because you can then appoint who does handle such matters upon your death.

Our Advance Directive Lawyer in St. Petersburg Can Draft Your DPOA 

At Legacy Protection Lawyers, LLP, our St. Petersburg advance directive lawyer understands the complexities of drafting a DPOA and estate plan. We can provide the legal advice you need to ensure you have a comprehensive plan that will protect you and your loved ones today, and in the future. Call us now at 727-471-5868 or contact us online to request a consultation and to learn more about how we can help.

Source:

flsenate.gov/laws/statutes/2010/709.08