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. 


You might also like

Estate Planning: Why It's Important and How to Get Started

August 20, 2025
When most people think about estate planning, they imagine it’s only for the wealthy or elderly. But the truth is, estate planning is essential for everyone , regardless of age, wealth, or family status. In simple terms, estate planning is the process of arranging how your assets will be managed and distributed after your death or if you become incapacitated. It’s not just about money—it’s about making sure your wishes are honored and your loved ones are protected. Why Estate Planning Matters Avoids Family Conflicts Without a clear estate plan, families can end up in lengthy and painful legal disputes. A well-drafted plan can help avoid disagreements and confusion during already difficult times. Protects Your Children and Dependents If you have young children, estate planning lets you name guardians to care for them. You can also ensure that children or dependents with special needs are provided for properly. Minimizes Taxes and Legal Fees A good estate plan can reduce estate taxes and help your heirs avoid probate—a costly and time-consuming legal process. Ensures Your Wishes Are Honored Whether it’s how you want your assets divided or decisions about your medical care, estate planning ensures your voice is heard when you can’t speak for yourself. Peace of Mind Knowing that you have a plan in place brings peace of mind—not only to you but to your loved ones. Key Elements of an Estate Plan Here are the basic documents and tools included in most estate plans: Will : Specifies how your property will be distributed and names guardians for minor children. Trust : A legal entity that holds assets on behalf of your beneficiaries; useful for avoiding probate and maintaining privacy. Power of Attorney : Authorizes someone to make financial decisions on your behalf if you become incapacitated. Healthcare Directive (Living Will) : Outlines your medical treatment preferences and appoints someone to make health decisions for you. Beneficiary Designations : Ensure your life insurance, retirement accounts, and other assets go to the right people. When Should You Start Estate Planning? Now. Whether you're in your 20s or your 60s, starting your estate plan today is better than waiting. Life changes—marriage, children, divorce, health issues—all call for updates to your plan. Starting early helps you adapt as needed over time. Tips to Get Started Take Inventory : List your assets—property, savings, investments, insurance, and personal belongings. Define Your Goals : Think about who you want to benefit and how. Work with a Professional : An estate planning attorney or financial advisor can guide you through the legal and tax complexities. Review and Update Regularly : Revisit your plan every few years or after major life events. Estate planning isn't about how much you have—it's about making things easier for the people you care about most. It’s a gift of clarity, security, and peace of mind. Whether you're starting small or need a complex plan, taking the first step is what matters most. Don’t wait. Call Rhodes Law, P.A. at (321) 610-4542 and schedule your consultation and plan today for a more secure tomorrow.!

Hurricane-Proof Your Future

August 5, 2025
Hurricane-Proof Your Future Wednesday August 20th 10am-11am One Senior Place 8085 Spyglass Hill Rd, Viera, FL 32940 RSVP at 321-751-6771 (OSP) or https://www.eventbrite.com/e/1557393057559?aff=oddtdtcreator

Can Anyone Contest a Will or Trust?

July 17, 2025
Yes, someone can contest a will or trust , but there are legal requirements and limitations. Here's a breakdown: Who Can Contest a Will or Trust? Generally, only people who have legal standing can contest: Heirs (like children or spouses) Beneficiaries named in the current or prior versions of the document Anyone who would inherit under intestacy laws if the will/trust were invalid Common Grounds to Contest A person must show legal reasons. Common grounds include: Lack of capacity The person who made the will/trust wasn’t mentally competent at the time. Undue influence Someone pressured or manipulated the person into changing their estate plan. Fraud The will/trust was signed based on lies or deception. Improper execution The document doesn’t meet legal requirements (e.g., not properly witnessed). Forgery The signature is fake or the document was altered. Time Limits (Statutes of Limitations) Timeframes vary by jurisdiction: Wills : Often must be contested shortly after probate starts (e.g., 30 to 120 days). Trusts : Deadlines can vary, often triggered when a trustee notifies beneficiaries. What Happens If a Contest Succeeds? The court may declare the will/trust invalid. The estate may pass according to a prior valid will or state intestacy laws. Note on "No-Contest Clauses" Some wills/trusts have a "no-contest clause" (also called in terrorem clauses). These threaten to disinherit anyone who contests the document—unless they have probable cause . Not all states enforce these clauses. If you think you have a reason to contest a will or trust, it’s best to speak to a probate or estate attorney right away—deadlines can be strict, and the process is legally complex. To learn more, call Ruth at Rhodes Law, P.A. at 321-610-4542 and schedule your consultation!