Legal Question in Wills and Trusts in Florida
Power of attorney
Is a power of attorney only valid
if I am disabled. I am only interested in giving my children that power only if I am disabled etc.
3 Answers from Attorneys
Re: Power of attorney
If that is what it says, yes. Who determines disability?
Re: Power of attorney
A normal power of attorney is always valid until revoked.
You have two choices:
1. A Springing power of attorney or,
2. A regular power of attorney, with it being held by your attorney with instructions only to release it if your Doctor puts in writing that you are unable to handle your affairs.
Re: Power of attorney
Unless the power of attorney states that it is valid only if you become incapacitated, it is effective immediately. What you want is one that states it is valid only if you become incapacitated.
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