4 Reasons To Revoke A Florida Power Of Attorney Or Advance Directive

It was a smart move to execute a power of attorney and/or health care advance directive as part of your estate plan, as these two documents go a long way toward protecting your interests if you become incapacitated. Florida defines incapacity as lacking the ability to manage and make responsible decisions regarding your assets and medical needs, such as what may result from an illness or medical condition. In such a situation, there is a legal void in terms of the power to act. You fill this void by preparing a power of attorney and advance directive, so your loved ones will not need to go to court to obtain guardianship.

However, your signature is not the end of the matter. In the future, you might need to revoke a power of attorney or advance directive, and you must do so correctly – and then put an alternative plan in place right away. Your Dade City estate planning lawyer can assist with the process, but it is important to recognize scenarios where revocation of a power of attorney makes sense.

1. Family or Relationship Changes 

When preparing your power of attorney or Designation of Health Care Surrogate, you should have appointed as agent a person who is close to you and whom you trust. If your relationship changes, so could your level of trust. For instance, spouses who are divorcing should revoke and appoint a new agent immediately upon separation. 

2. Death or Incapacity of Your Agent 

If the person you named as agent becomes incapacitated according to Florida law, this individual will not be able to handle your medical needs and assets for the same reasons you cannot. Most likely, you will have appointed a successor agent to act if your primary choice cannot act, so there is a backup in place. However, you may still want to  revoke your power of attorney or advance directive to name an appropriate agent and new successor.

3. Logistical Concerns 

Your agent may be ready and willing to serve your needs, but you may need to consider revoking documents if availability is a concern. For practical purposes, it is wise to appoint someone who lives in Florida or otherwise in close proximity, since the tasks of your agent or health care surrogate will largely be conducted near you. Consider revocation if your agent is relocating or travels frequently.

4. A Change of Mind 

In some situations, your agent may not feel like he or she is up to the tasks involved with managing your assets and/or health care needs. You certainly do not want to force the role upon this individual, so revoke your current documents and prepare a new power of attorney or advance directive as replacements.

Get Legal Help from a Florida Estate Planning Attorney 

To learn more about revoking estate planning documents, please contact The Law Office of Laurie R. Chane at 352-567-0055 or via our website. We can set up a consultation to review your circumstances and determine a strategy for making the changes you seek.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0731/Sections/0731.201.html