Durable Powers of Attorney

How We
Can Help

Imagine if tomorrow you were in a car accident or overcome by an illness and unable to communicate… What would your family do? A Durable Power of Attorney will help!

You must have someone (with alternates) to call your insurance company, write checks, pay bills or communicate on your behalf.

This must be done BEFORE an illness or injury! Everyone over 18 years old must designate their “agents” to act on their behalf.

Believe me, I have sat on the edge of too many hospital and/or rehab beds dealing with distraught family members.

Contact us! We will help!

A Durable Power Of Attorney helps Protecting your Family and your Future

Many of my new clients initially believe prior to our first meeting that they may only need a “simple will,” without further Estate Planning.

But, your biggest concern should not be what your family will do when you pass away; but what your family can do for you RIGHT NOW!
Couple with Power of Attorney in cloudy countryside

The top 10 reasons why everyone needs an attorney-prepared POA!

  1. Allows your Agent to speak for you if you cannot speak yourself.
  2. Avoids the necessity of a Court-Appointment guardianship.
  3. Provides immediate access to critical assets.
  4. Allows your family to ensure you are receiving the proper care.
  5. Allows your Agent to make sure your bills are being paid and to pay them if not.
  6. Protects you and your family from claims of financial abuse.
  7. Prevents questions about intent.
  8. Allows your agents to talk to others for you! Banks, professionals, insurances, deeds, etc…
  9. Allows Agents to help you plan and make you eligible for public benefits if necessary.
  10. Prevents delays in financial and asset protection planning

What is a Power of Attorney

A durable power of attorney is an extremely important estate planning tool, even more important than a will in many cases. This crucial document allows a person you appoint — your “attorney-in-fact” or “agent” — to act in place of you — the “principal” — for financial purposes when and if you ever become incapacitated due to dementia or some other reason. The agent under the power of attorney can quickly step in and take care of your affairs.

But in order to execute a power of attorney and name an agent to stand in your shoes, you need to have capacity. Regrettably, many people delay completing this vital estate planning step until it’s too late and they no longer are legally capable of doing it.

What Happens Then?

Without a durable power of attorney, no one can represent you unless a court appoints a conservator or guardian. That court process takes time, costs money, and the judge may not choose the person you would prefer. In addition, under a guardianship or conservatorship, the representative may have to seek court permission to take planning steps that he or she could have implemented immediately under a simple durable power of attorney.

This is why it’s so important that you have a durable power of attorney in place before the capacity to execute the document is lost. The standard of capacity with respect to durable powers of attorney varies from jurisdiction to jurisdiction. Some courts and practitioners argue that this threshold can be quite low: the client need only know that he trusts the agent to manage his financial affairs. Others argue that since the agent generally has the right to enter into contracts on behalf of the principal, the principal should have the capacity to enter into contracts as well, and the threshold for entering into contracts is fairly high.

If you do not have someone you trust to appoint as your agent, it may be more appropriate to have the probate court looking over the shoulder of the person who is handling your affairs through a guardianship or conservatorship. In that case, you may execute a limited durable power of attorney that simply nominates the person you want to serve as your conservator or guardian. Most states require the court to respect your nomination “except for good cause or disqualification.”

Because you need a third party to assess capacity and because you need to be certain that the formal legal requirements are followed, it can be risky to prepare and execute legal documents on your own without representation by an attorney. To execute a durable power of attorney before it’s too late, contact me at 954-515-0101 and schedule your appointment today!

We help clients untangle their complications and concerns and help build paths to stable futures. Assisting clients throughout South Florida, we maintain flexible appointment options and reasonable legal fees. Take a look at what previous clients have to say about us here!

Schedule a consultation at our law office to discuss your:

  • Last Will and Testament
  • Healthcare Directives
  • Designation of Health Care Surrogate
  • Health Care Advanced Directives
  • Durable Power of Attorney
  • Revocable Living Trusts
  • Probate Avoidance Strategies
  • Disability Protection
  • Special Needs Trusts
  • Probate Estate Administration
  • Probate Summary Administration
  • Florida Trust Administration

Why Jakob Legal

Andrea is a Lawyer who is committed to providing you with personalized, creative and cost-effective Estate Planning, Wills And Trusts, Asset Protection, Probate and Elder Law Needs.

Centrally located in Davie, Florida in Broward County, we are within minutes from Cooper City, Southwest Ranches, Sunrise, Plantation, Pembroke Pines and Weston.

Also easily accessible from Hollywood, Miramar, Coconut Creek, Delray Beach and anywhere else in the Tri-County area in this South Florida vicinity.

See what our clients are saying!

Legal Knowledge, Human Wisdom:
Helping you plan today,
so you can sleep better tonight

Andrea L. Jakob, P.A.
5.0
Based on 29 reviews
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Lea Faso
Lea Faso
13:13 03 Jun 20
I highly recommend Andrea Jakob for your estate planning needs. I hired her to prepare my will, and it was a pleasure... to do business with her. She is extremely professional, thorough, reassuring, and was able to answer all my questions. I trust her 100% and would not hesitate to hire her again.read more
Janet Conde
Janet Conde
22:17 24 Feb 20
My husband I have been procrastinating and were anxious about finding someone to take care of our Estate Planning... needs. We were comforted to discuss our future and Andrea Jakob was able to answer all our questions and calm our fears. The entire process was seemless!!! Not only is she diligent and thorough, but she always makes time for you and will always explain everything. Working with Andrea Jakob was an absolute pleasure and we highly recommend her for your Will and Estate Planning. She is AMAZING!!!!read more
dennis
dennis
01:14 26 Jan 20
I chose Andrea Jacob to prepare our Estate Plan based on the very positive social media reviews. I must say, the... reviews were spot on!!! My wife and I found Andrea to be very knowledgeable, kind, personable and patient. She listened to our needs and came up with an estate plan that made sense for us and immediately put us at ease that we had chosen the right lawyer to guide us thru this sensitive task. Thank you, Andrea, for making such a daunting process so reassuring!!!read more
David Polyak
David Polyak
04:03 07 Jan 20
Andrea was absolutely wonderful in helping set up my parents' estate as they were going through several health issues. ... She accommodated my family as I was in town for only a few days to help my parents and she made sure that the entire estate planning process was completed. Her caring and personable attitude made this difficult time a little easier. She even spent additional time answering follow up questions over several different phone calls. I highly recommend Andrea to anyone seeking a thoughtful professional estate attorney who truly cares about the families she works with.read more
Lisa Hunt
Lisa Hunt
14:12 17 Dec 19
I highly recommend Andrea for your legal needs! Our family has used her service for over 15 years!!! She's very... personable, friendly, caring and takes the time to guide you through the process. Andrea and her legal assistant are available and in constant contact. You are able to access your records through an online secure site at any time. She makes seemingly difficult steps to estate planning easy peasy!! She's the best!read more
Norma Vesey
Norma Vesey
19:19 03 Oct 19
Andrea Jakob was great in helping us work through our health care surrogacy, will and trust. Ours was well overdue, we... hadn't done our will since our children were small and now they have their own children. She helped us think through every aspect. She listened to our ideas, gave us her opinion and recommendations and created what was best for us and our family. Andrea is smart, very knowledgeable about estate planning, she is funny and quite personable. She truly wants to do what is best for you at the time you are with her and for the future. We highly recommend her!read more
Maritza Espinal
Maritza Espinal
21:42 20 Sep 19
It has been a pleasure working with Andrea. From the very beginning, she made it comfortable and relatively easy to... talk about challenging topics such as wills, estates, and trusts. She laid out the plan in an organized and friendly manner, explaining things "at my level" so that I could understand, and I never felt rushed. Not only is she very smart and professional, she also has a warm customer service approach, taking care to offer treats such as hot tea. I recommend her highly and I look forward to our continued relationship.read more
Larry Spegele
Larry Spegele
23:51 10 Sep 19
Let me start by saying that I normally am not one to write a review. But Andrea Jakob help and expertise definitely... deserve high praise! She was so helpful in getting my wife and my wills and trust set up. Something that we really appreciated was just how down to earth she was. There was absolutely no stuffiness in her manner. In fact, after our first couple of visits, I pretty much regarded her as a very knowledgeable friend. She really knows her business and helped us feel comfortable when speaking with her. I appreciated that she was more than willing to explained something to me more than once and helped to clarify any questions I had. My wife and I are very happy and impressed with her work and dedication. We strongly recommend her to any one seeking help with setting up their wills and trusts.read more
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“Leave a Legacy, Not a Mess”

Emerald Publications – September, 2007