Power of Attorney: What It Is and How to Use It

Ruth C. Rhodes • January 23, 2023

There's a lot to cover when planning your estate. From wills to trusts to guardianship, it's a lot to think about. Throughout the planning process, you'll likely come across the term "power of attorney." While it may be easy to gloss over at first, a power of attorney is actually an essential part of a proper estate plan. Here's what you need to know about powers of attorney.

What is a Power of Attorney?

A power of attorney is a legal document that appoints a trusted person to manage your affairs. This document is necessary in the event you cannot manage your affairs on your own, whether it's due to illness, a disability or age. The agent you designate will be responsible for your financial and medical affairs, as well as any property or other assets you own.

Power of Attorney Types

A power of attorney can come in several forms. The most basic is a general power of attorney, which allows your agent to act on your behalf in all allowable situations. This includes everything from physical health to legal matters.

A limited power of attorney gives your agent power over specific aspects of your affairs. For example, a financial power of attorney can legally manage your savings and assets, while a medical power of attorney can make decisions regarding your health. Depending on your state, these types of decisions are not included in a general power of attorney and will require separate documents.

Non-lasting powers of attorney become invalid in the event you become incapacitated. Conversely, lasting powers remain in effect even if you are unable to make decisions.

Do You Need a Power of Attorney?

According to the National Library of Medicine, everyone should have a power of attorney in place. At first, discussing who will take on this serious responsibility may lead to some emotional conversations. Plus, the chance you'll need a power of attorney might seem slim.

In reality, this is a crucial part of anyone's estate plan. Illness and injury can occur unexpectedly, leaving you unable to manage your everyday affairs. When this happens, being left without a power of attorney can exacerbate an already difficult situation. To prevent this, it's important to establish one as soon as possible.

Get Started With Elder Law Attorneys

If you aren't part of the half of adults who already have a power of attorney in place, there is no better time to start. And for residents of Melbourne, Florida, Elder Law Attorneys is the perfect partner.

A properly planned estate will protect you and your loved ones in the event of an accident. Contact Elder Law Attorneys today to complete your plan with a power of attorney.

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What does one do if a loved one has passed with no will or trust?

June 16, 2025

When a family member passes away without a will or trust (called dying intestate ), their estate is distributed according to the laws of the state they lived in. Here's a general step-by-step guide on what to do: 1. Get a Legal Pronouncement of Death: If it hasn’t been done already (e.g., at a hospital), a medical professional must pronounce the death legally. You’ll need this to obtain a death certificate. 2. Obtain Death Certificates: You'll need multiple certified copies (10–15 is common) for banks, insurance, property titles, etc. These are issued by your local vital records office or funeral home. 3. Determine the Estate's Executor or Administrator: If there’s no will, the probate court will appoint an administrator (usually the next of kin). You can petition the court to become the administrator if you're a close family member. 4. File for Probate - Probate is the legal process of settling the estate: Go to the probate court in the county where the deceased lived. File a petition for probate without a will . The court will appoint an estate administrator and officially open probate. 5. Notify Heirs and Creditors Send formal notice to all potential heirs and beneficiaries. 6. Identify and Inventory Assets - This includes: Bank accounts Real estate Vehicles Retirement accounts Personal belongings Some assets may pass outside probate if they have named beneficiaries (like life insurance or POD accounts). 7. Pay Debts and Taxes Use estate funds to pay valid debts and taxes. File the deceased’s final tax return . 8. Distribute the Remaining Assets: Once debts and taxes are settled: The court will distribute assets according to state intestacy laws , usually prioritizing: Spouse and children Parents and siblings More distant relatives if no close family 9. Close the Estate: After all duties are fulfilled, submit a final accounting to the court. If approved, the estate can be officially closed. Consider Talking to a Probate Attorney: Especially if: The estate is large or complex There’s family conflict You need help with legal paperwork Book your consultation with Ruth C. Rhodes of Rhodes Law, P.A. and let Ruth share her knowledge and experience in helping you with planning to meet your individual and family needs. With a commitment to excellence in Elder Law, she stands ready to assist clients at every stage of life, ensuring their rights and wishes are fully protected. So, call us at (321) 610-4542 and schedule your consultation today!

Medicare and Medicaid...What's The Difference?

May 9, 2025

Medicare and Medicaid are both government-run health insurance programs in the U.S., but they serve different groups and are funded differently: Medicare - Who it's for: Primarily for people 65 and older, and some younger people with disabilities or end-stage renal disease. - Funded by : Federal government , through payroll taxes, premiums, and general revenue. - Coverage : Includes hospital care (Part A), medical services (Part B), and optional prescription drug coverage (Part D). Private Medicare Advantage plans (Part C) are also available. Medicaid Who it's for : People of any age with low income , including children, pregnant women, elderly adults, and people with disabilities. Funded by : Jointly by federal and state governments. States run their own programs with federal guidelines. Coverage : Broader than Medicare in many cases, often including things like long-term care, dental, and vision services. In short: Medicare = Age-based or disability-based, federal program. Medicaid = Income-based, state and federal program. Medicaid is usually low-cost or free , but costs can vary depending on your state, income, and the type of services you use. Here's a general breakdown: For Most People No monthly premiums Very low or no copays No deductibles In Some States Higher-income enrollees (still within Medicaid limits) may have: Modest monthly premiums (typically under $50) Small copays (often $1–$4 per visit or prescriptions For Long-Term Care (like nursing homes) Medicaid may require you to spend down assets or contribute most of your monthly income toward your care, depending on your financial situation. Special Programs: Children (CHIP or Medicaid) : Often completely free. Pregnant women and people with disabilities : Usually receive coverage with little to no cost. Engaging in Medicaid planning well in advance can significantly enhance peace of mind for individuals and their families, ensuring they make informed decisions that align with their long-term goals. Legal and financial advice may be needed to effectively manage an individual’s estate. Creating trusts, gifting assets, or employing spend-down strategies are often utilized to align with Medicaid’s requirements. At Rhodes Law, P.A. , Ruth will advise you how to qualify, obtain and maintain Medicaid benefits. Call our office at (321) 610-4542 and schedule your consultation today!

Is It Neccessary to Have Both a Will and Trust?

April 30, 2025

If you have just a will and no trust , your estate can still be passed on according to your wishes—but there are some limitations and consequences you should understand: What Happens with Just a Will: Probate Is Required A will must go through probate , which is a court-supervised process of validating your will, paying debts, and distributing assets. Probate can: Take months or even years. Be expensive (court fees, attorney fees). Be public (anyone can view the will and estate details). 2. Court Control Over Distribution The probate court oversees how and when your assets are distributed. This means less privacy and flexibility. 3. No Ongoing Asset Management A will only takes effect after your death . It doesn’t help manage your assets if you become incapacitated. A trust, on the other hand, can provide for you during incapacity without needing a court-appointed guardian or conservator. 4. Less Control Over Complex Distributions If you want to delay inheritance (e.g., give children money at age 25 instead of 18) or provide ongoing support (e.g., for a special needs child), a trust is better suited. A will can't manage distributions over time—it just transfers ownership. 5. Tax and Asset Protection Limitations A will doesn't offer any real protection against estate taxes, creditors, or lawsuits. Certain types of trusts can. When a Will Might Be Enough: You have a very simple estate . Your total assets are below your state’s probate threshold . You have no minor children and no complex distribution needs. You’re okay with the probate process and your wishes are relatively straightforward. So, yes, even if you have a trust, you should also have a will . A trust and a will serve different but complementary purposes in estate planning. Think of the trust as the main tool for managing and distributing your assets, but the will as a safety net to ensure everything is covered. Rhodes Law, P.A. offers a comprehensive range of professional estate planning services that include wills, trusts, durable powers of attorney, designation of healthcare surrogates, living wills and more. Give our helpful estate planning professionals a call today at (321) 610-4542 to book a free consultation!