A power of attorney is the document that lets someone you trust handle your financial matters when you cannot. Loss of capacity can be caused by sudden illness, injury, or the gradual progression of a long-term condition. In any of those situations, bills still need paying, accounts still need managing, and important medical decisions hang in the balance. A valid, current power of attorney means a person you’ve named already has the legal authority to step in without a court proceeding.
At Hirani Law, our Winter Park, FL power of attorney lawyer drafts POAs that meet Florida’s execution requirements and grant the agent authority to do the job when the time comes. The firm is led by Meenakshi Hirani, whose corporate and tax background informs how every document is structured, and Arti Hirani, whose dual Florida and New York bar admissions and LL.M. in International Taxation support clients with multi-state or cross-border concerns. Contact our office to schedule a free initial consultation.
Why Choose Hirani Law for Power of Attorney in Winter Park, FL?
Two Attorneys With Corporate, Tax, and Estate Planning Backgrounds
Meenakshi Hirani holds a J.D. from Stetson College of Law, an MBA with High Honors from Rollins College’s Crummer Graduate School of Business, and a Masters in Comparative Law from the University of San Diego. She was named a Super Lawyer in 2021, 2022, and 2023, received the 2012 Leaders in Law Award from the Florida Association of Women Lawyers, and was honored with the 2017 Elizabeth Susan Khoury Guardian ad Litem Award of Excellence from the Legal Aid Society of the OCBA.
Arti Hirani earned her J.D. from Barry University School of Law, an MBA from the University of Chicago Booth School of Business, and an LL.M. in International Taxation from the University of Florida Levin College of Law. She is admitted in both Florida and New York and serves on the Florida Bar Young Lawyers Division Board of Governors.
Power of Attorney Drafting Integrated With Full Estate Planning
A power of attorney is one piece of an estate plan, and it works best when drafted alongside the other documents. Our estate planning lawyer in Winter Park, FL creates wills, living trusts, and healthcare advance directives, so the financial POA fits with everything else rather than working against it. We also draft POAs for business owners whose plans include closely held company interests, and we regularly work with families planning for an aging parent where the POA needs to coordinate with elder care decisions.
Local Practice Serving Winter Park and Central Florida
Our office is based in Winter Park and serves clients throughout Orange County, including Winter Park, Orlando, Maitland, and the surrounding communities. We know the Orange County Probate Court procedures that become relevant when a POA isn’t in place or is challenged, and we draft documents that hold up under Florida law when the agent actually needs to use them.
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Types of Power of Attorney Matters We Handle in Winter Park
A power of attorney is a category of documents rather than a single form. These are the main kinds we draft and handle for Winter Park clients:
- Durable powers of attorney. A durable POA authorizes an agent to act on financial matters and remains effective if the principal becomes incapacitated. Under Florida law, a POA is durable only when it contains the specific statutory language required by Fla. Stat. § 709.2104. We draft durable POAs as the standard financial authority document for most estate planning clients.
- Limited (special) powers of attorney. A limited POA grants authority for a specific purpose or transaction, such as signing closing documents on a real estate sale when the principal is out of state or authorizing a narrow financial action. These documents end when the transaction is complete or on a date stated in the document.
- Healthcare surrogate designations. Florida uses a separate document, the healthcare surrogate designation under Chapter 765, for medical decisions. The surrogate acts on your behalf on healthcare matters if you lose capacity. This is not part of the Florida Power of Attorney Act, and the two documents need to be drafted together to function as intended.
- Living wills. A living will states your wishes about end-of-life care in specific clinical circumstances. Florida authorizes living wills under Chapter 765 alongside healthcare surrogate designations. Most complete estate plans include both documents.
- Revoking or amending existing POAs. An existing POA can be revoked or amended, but the process has to comply with Florida’s statutory requirements and with practical steps like providing notice to third parties who may still be relying on the prior document.
- Acting under an existing POA as agent. Agents under a Florida POA have statutory duties to act in the principal’s best interest, keep records, and account for their actions. We advise agents on handling transactions, documenting decisions, and avoiding personal liability.
Florida Legal Requirements for Powers of Attorney
Florida restructured its power of attorney framework on October 1, 2011, with the enactment of the Florida Power of Attorney Act at Fla. Stat. Chapter 709, Part II. POAs executed before that date remain valid under the law that applied at execution, but every new POA is governed by the current Act.
Execution. Under Fla. Stat. § 709.2105, a Florida POA must be signed by the principal in the presence of two subscribing witnesses and acknowledged before a notary public. A POA that fails these execution requirements is void. This is a stricter standard than most estate planning documents and is the most common reason a POA is rejected by a bank, brokerage, or title company.
Durability language. Fla. Stat. § 709.2104 requires specific statutory language for a POA to remain effective after the principal’s incapacity. Without the durability language, the POA terminates the moment the principal becomes incapacitated, which is typically the exact moment the document is needed.
Specific grants of authority. Fla. Stat. § 709.2202 requires certain categories of authority to be specifically enumerated and separately signed or initialled by the principal. These include making gifts, creating or amending trusts, changing beneficiary designations on accounts, and several other powers with significant financial consequences. A general grant of “all authority under Florida law” does not cover these.
Springing POAs after October 1, 2011. Under Fla. Stat. § 709.2108, a POA executed on or after October 1, 2011 is exercisable upon execution rather than upon a future event. A POA drafted as “springing” (taking effect only upon incapacity) signed after that date is generally ineffective. This is a material change from the prior framework and from current law in many other states.
Guardianship as the alternative. Without a valid POA, a family member who needs to act on behalf of an incapacitated person typically has to petition the circuit court for a guardianship under Fla. Stat. Chapter 744. Guardianship is public, expensive, and ongoing, which is why a properly drafted POA is usually the preferred path.
Important Aspects of a Winter Park Power of Attorney
A POA is only useful if it is legally binding. These are the practical aspects we work through with every client.
Choosing the Right Agent
The agent is the person with legal authority to handle your finances when you cannot. Trust matters more than convenience or geography. An agent who lives nearby but handles money poorly is a worse choice than a sibling across the country who is reliable with documents and deadlines. We also recommend naming a successor agent in case the first choice is unable or unwilling to serve. For clients naming a spouse as the primary agent, a successor designation is particularly important.
Specific Grants of Authority
Florida requires that certain powers be separately signed or initialled by the principal. Deciding which of those powers to include is a client-by-client decision. Gifting authority matters for clients doing ongoing gift tax planning. Trust amendment authority matters for clients who have existing revocable trusts. Beneficiary designation authority matters for retirement and life insurance accounts. We walk through each of these options individually rather than checking every box by default.
Coordinating With the Rest of Your Plan
A POA doesn’t operate on its own. If you have a revocable living trust, the POA needs to interact with the trust properly, typically including authority to transfer assets into the trust and, if specifically granted, authority to amend the trust. If you have a Florida will, the POA should name agents consistent with (or deliberately different from) the personal representative named in the will. We review the full set of documents together so nothing contradicts.
Reviewing POAs Signed Before 2011
POAs signed before October 1, 2011 remain legally valid under the prior law, but they may no longer work the way the principal intended, and third parties such as banks, brokerages, and healthcare providers sometimes resist honoring them. We review older POAs and usually recommend replacing them with a document that complies with current Florida law and the principal’s current circumstances.
Supporting Agents Who Are Already Serving
We also represent agents currently acting under a valid POA who need advice on specific decisions. This includes transactions that feel outside the agent’s comfort zone, disputes with family members who question the agent’s authority, and the accounting obligations agents owe to the principal or the principal’s estate.
Contact Hirani Law
A power of attorney is one of the most practical estate planning documents a Florida resident can put in place, and the current framework makes it more protective than the prior law when drafted correctly. If you don’t have a POA, or you have one signed before 2011, reach out to our Winter Park office. Contact us to schedule a free initial consultation. We’ll review any existing documents, talk through your situation, and put a plan in place that aligns with your goals.