Legal Question in Wills and Trusts in Florida
Power of Attorney
I intend to leave all my property to my wife. Instead of a will, can I use a General Power of Attorney to carry out my wishes?
2 Answers from Attorneys
Re: Power of Attorney
A power of attorney is a lifetime document, valid only while you are alive. Sorry.
Re: Power of Attorney
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No. A Power of Attorney has an entirely different purpose and will cease to exist upon the death of the maker. A Last Will and Testament first takes life upon the death of the maker and is used to indicate to whom items of value and property shall be transfered to by the estate of the decedent.
I strongly urge you to visit with an attorney who can draft the necessary instruments so as to be sure your wishes will be carried out upon your demise.
Scott R. Jay, Esq.