Protect Your Interests. Plan with Confidence.
A Power of Attorney is one of the most important documents in any estate plan.
It allows you to designate someone you trust to make financial and legal decisions on your behalf if you are unable to do so.
At the Law Office of Jessica Lynn Silva, we help clients create clear, customized Power of Attorney documents designed to protect their interests and provide peace of mind.
Serving clients throughout Florida. Virtual consultations available.
Wills
A will outlines how your assets should be distributed after your passing and allows you to name guardians for minor children.
Wills typically go through probate, which means the court oversees the administration and distribution of your estate.
Trusts
A trust is a legal structure that allows assets to be managed and distributed according to your instructions.
Depending on how it is set up, a trust can:
- avoid probate
- provide privacy
- allow for more control over how and when assets are distributed
- support long-term planning strategies
What Is a Power of Attorney?
A Power of Attorney is a legal document that gives another person the authority to act on your behalf.
Power of Attorney
This may include the ability to:
- manage financial accounts
- handle real estate transactions
- sign legal documents
- make important financial decisions
This authority can become essential in situations where you are unable to act for yourself due to illness, injury, or other circumstances.
Types of Power of Attorney
- Durable Power of Attorney
Allows your agent to act immediately and continue acting if you become incapacitated.
- Revocable Living Trust
Provides seamless asset management without court involvement.
- Designation of Health Care Surrogate
Unlike financial POAs, this can be structured to activate upon incapacity for medical decisions.
Jessica helps you determine which structure best fits your needs and goals.
How Do You Protect Yourself If the POA Is Effective Immediately?
This is one of the most common concerns, and where proper planning matters most.
Just because a Power of Attorney is effective immediately does not mean it will be misused. With the right structure, you remain in control.
Strategic Safeguards We Put in Place:
- Appointing a highly trusted agent
- Naming backup (successor) agents
- Limiting or customizing powers
- Requiring accountability or reporting
- Coordinating with your overall estate plan
Does Florida Allow "Springing Powers of Attorney?
No. Florida does not allow springing powers of attorney.
Under Florida law, any Power of Attorney created today must be:
- Effective immediately upon signing
- Not dependent on a future event like incapacity
Springing POAs (those that “activate later”) have not been allowed in Florida since 2011
Why Florida Eliminated Springing POAs
While the idea of a POA that only becomes effective upon incapacity may sound appealing, in practice it caused serious problems:
- Delays in urgent situations
- Banks refusing to honor the document
- Disputes over whether someone was truly incapacitated
- Difficulty obtaining required medical certifications
Florida law now prioritizes clarity, speed, and enforceability.
Why It Matters
Without a properly executed Power of Attorney, your loved ones may be forced to go through a court process to gain the authority to act on your behalf.
This can be time-consuming, costly, and stressful during an already difficult time.
A well-structured Power of Attorney ensures that:
- someone you trust can step in immediately if needed
- your finances and legal matters continue to be managed
- unnecessary court involvement can be avoided
- your wishes are respected
Florida-Specific Considerations
Florida law includes specific requirements and limitations when it comes to Powers of Attorney.
Working with an experienced attorney ensures your document is valid, enforceable, and aligned with current Florida statutes.
The Law Office of Jessica Lynn Silva works with clients throughout Florida, as well as out-of-state and international clients who need Florida-compliant documents for assets or residency planning within the state.
Work With Us From Anywhere
You do not need to be located near one of our offices to put a Power of Attorney in place.
We offer a streamlined process that allows many estate planning matters to be handled efficiently while still providing personalized legal guidance and clear communication.
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FAQ
Frequently asked questions
Who should I choose as my Power of Attorney?
You should choose someone you trust completely — typically a spouse, close family member, or trusted advisor who can act in your best interest.
When does a Power of Attorney take effect?
It can take effect immediately or upon a triggering event, depending on how the document is structured.
Can I change or revoke my Power of Attorney?
Yes. As long as you are mentally competent, you can update or revoke your Power of Attorney at any time.
Do I need a Power of Attorney if I already have a trust?
In most cases, yes. A Power of Attorney covers matters that may not be included in your trust and ensures broader protection.
Does Florida Allow "Springing" Powers of Attorney?
No. Florida does not allow springing powers of attorney.
Under Florida law, any Power of Attorney created today must be:
Effective immediately upon signing
Not dependent on a future event like incapacity
Springing POAs (those that “activate later”) have not been allowed in Florida since 2011—and that remains true in 2026.
