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If its just a power of attorney, then the signers incapacity would nullify the effectiveness of that document under traditional common law. A power of attorney with the word durable means that the document will stay valid whether or not the signer lacks capacity or if they become incapacitated.
Statutory Powers of Attorney are documents that are brought up through the laws of your state, i.e. the legislature, and give powers through those laws that the legislature passes. A Durable, or Common Law, Power of Attorney is based upon what is called case law, or the law of the court system.
What does power of attorney durable mean? A durable POA gives someone else legal authority to act on your behalf, and it continues in force even if you lose your mental capacity. Financial POAs give your agent financial powers that may include managing your assets, paying bills, and buying and selling real estate.
When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.
Florida Durable (Statutory) Power of Attorney Form. A Florida durable power of attorney form allows an individual (principal) to appoint someone to manage their finances and other important matters on their behalf.
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If you execute a general POA, one of the biggest potential disadvantages is that your Agent has the ability to devastate you financially. With a general POA your Agent can withdraw funds from all your financial and investment accounts, sell your property, and even enter contracts in your name.
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.

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