Estate Planning Provisions and Model Florida Durable POA Form

In this EIA, Susan Calistri Boesger, Esq. provides information on including estate planning provisions in a durable power of attorney. Also included is a model Florida durable power of attorney form which includes broad estate planning provisions. Ms. Boesger writes:

Most durable powers of attorney provide for the ability of the agent to perform at least some estate planning on behalf of a principal. This can result from unforeseen circumstances, such as the disability or death of a spouse or beneficiary of the principal, a pretermitted child or spouse of the principal, or a lack of any (or any up-to-date) estate planning for local state administration purposes or for federal tax purposes.

The decision whether to include estate planning provisions in a durable power of attorney, and how broad to make those provisions, is one that the attorney should discuss completely with the client. The ability of an agent, who may also be a beneficiary or spouse of the client, to make decisions affecting the ultimate disposition of the client's assets will be of great concern to any client, and can affect who the client chooses to be his or her agent.

Most practitioners agree that clients should include at least some limited estate planning provisions in a durable power of attorney granted to any person, including a spouse. ...

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