Legal Question in Elder Law in Florida

Hi! My husband is having memory problems, and I was told to have a General Power of Attorney. I was looking in the internet and found the legal document called Durable Power of Attorney. It looks like This Durable Power of Attorney is the one I need.

Because this Durable Power of Attorney will be issued to me by my husband, I just want to be sure that the following sentence that is included in this document does not affects me in reference with the benefits as his wife: "The power granted to my Agent by this pser-of-attorney are limited to the extent necessary to prevent (a) my income to be taxable to my Agent; (b) my Agent to have any rights or ownership with respect to any life insurance policies I may own on the life of my Agent; and/or (c) my assets to be subject to a general power of appointment by my Agent".

I want to add that all our assets and financial matters are in both our name.

Asked on 6/03/13, 4:46 pm

1 Answer from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

A Durable Power of Attorney is the proper document in Florida for a spouse in

the described situation. The clause you cited referring to taxation of expenses or

compensation will not affect you as a spouse or attorney-in-fact, or agent. It is a

standard provision in a DPOA which has no effect on your acting as agent for your


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Answered on 6/03/13, 4:57 pm

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