We (my husband and I) need a Power of Attorney for our financial and health matters. The question is: should we have separate DPA's or can we have a joint DPA? Not sure how it works, thanks in advance. (We have a good close friend willing to help as the agent. Not worried about that...) We all live in Florida, not sure if that makes a difference. I have more questions but I'll start there.
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
DPA for my husband and myself - need help figuring it out
- Thread Starter CindiW
- Start date
adjusterjack
Super Moderator
Personal opinion, not legal advice.
Each of you have your own.
Each of you have your own.
ok, under the circumstances, that makes sense. Do you know where I can find a free form for DPA?
Zigner
Well-Known Member
There are lots of places, starting with your favorite search engine (you won't get a recommendation here).
With that said, why do you believe it's wise to do something of this importance using a random free form you find online? It's penny wise and pound foolish (in other words, you'll save some money now and it'll be worthless later).
I am probably going to be aware of that soon. I did find a form but yes, I will probably have to get a lawyer.
zddoodah
Well-Known Member
I've never heard of a joint DPOA, but I can't conclusively say it's not possible. Your question about what you should do calls for legal advice. It would be illegal for anyone other than a lawyer licensed in your state to provide that, and such advice cannot be intelligently provided without being fully apprized of all relevant facts and circumstances.
OK, so the question is about wills vs. trusts. Would each of us separately need a will?
adjusterjack
Super Moderator
You'll need separate wills. Florida does not recognize joint wills.
See 732.701 (2).
Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)
See 732.701 (2).
Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)
Red Kayak
Well-Known Member
Well, because you're not likely to die at the same time, for starters.
Add what AJ said.
Your will can be a simple "pour over" will, just addressing whatever isn't part of the trust.
So here's my question: I have a form that seems to be ok with the state of Florida for DPA. And, as has been explained here, we (my husband and I) need to have separate DPA's. OK, I understand that. Meaning one for him and one for me. But now I have a question. how does this work in case of marriage? We want to have a trusted friend as PoA, but how does this impact on my rights as PoA for my husband, and his rights as PoA for me? Yessss I know I'm confused -- but please see if you can answer me anyway. For instance, we have joint bank accounts, so that shouldn't be a problem if one of us is incapacitated. But I hate to mention this, what happens if we both are incapacitated yet alive? (Like in a nursing home or out of it, etc.) How does the DPA with a trusted friend for both of us bear on this circumstance? I can only guess that in the case of both of us being impaired somehow at the same time, it would be at that point the trusted Attorney-in-fact would take over? I'm assuming that until that time we (my husband and myself) would work together without needing to involve a person as PoA. Right? 
So here's my question: I have a form that seems to be ok with the state of Florida for DPA. And, as has been explained here, we (my husband and I) need to have separate DPA's. OK, I understand that. Meaning one for him and one for me. But now I have a question. how does this work in case of marriage? We want to have a trusted friend as PoA, but how does this impact on my rights as PoA for my husband, and his rights as PoA for me? Yessss I know I'm confused -- but please see if you can answer me anyway. For instance, we have joint bank accounts, so that shouldn't be a problem if one of us is incapacitated. But I hate to mention this, what happens if we both are incapacitated yet alive? (Like in a nursing home or out of it, etc.) How does the DPA with a trusted friend for both of us bear on this circumstance? I can only guess that in the case of both of us being impaired somehow at the same time, it would be at that point the trusted Attorney-in-fact would take over? I'm assuming that until that time we (my husband and myself) would work together without needing to involve a person as PoA. Right?
You have been advised many times to get a consult with an attorney.
Yes, I know, but some here have helped me. If you can't answer the questions, please just let me know and don't tell me I need an attorney.
adjusterjack
Super Moderator
You can add an alternate agent to each DPOA. The following article answers that question.
Consecutive or Co-Agents: Naming Multiple Persons to Act in a Florida Durable Power of Attorney | Lins Law Group, P.A.
Yes.
Florida POA for Bank Account Matters Law – Power of Attorney (uslegal.com)
Probably best to use a separate POA for specific financial matters, preferably using the bank's own form, if available.
If you believe that getting advice from random strangers (who don't have all the facts/paperwork to review) on the internet is more productive that spending an hour or two with a local Estate Attorney...go for it. Don't be shocked when it doesn't work out. Penny wise pound foolish.
lol, thanks. That's one reason why I ask questions. I've been to an attorney and sometimes they're in a hurry and don't answer questions and I don't know what questions to ask. So -- that's why I'm here and happy some responders answer me well. I've been looking things up such as the links here and get helpful information and understanding. At a certain point I will likely visit an attorney. But if I can fill out a DPA adequately without paying the cost for an attorney, that's fine.If you believe that getting advice from random strangers (who don't have all the facts/paperwork to review) on the internet is more productive that spending an hour or two with a local Estate Attorney...go for it. Don't be shocked when it doesn't work out. Penny wise pound foolish.
Yes, I've heard that banks have a POA form, so I'll be soon asking. Thanks again!
@adjusterjack I asked the bank and they no longer have (do) POA forms. I will work on that separately. Weird, but that's their way, I don't like this bank, but we're at it since we moved and once all the transfers from banks are taken care of, we'll be looking for another bank.
But now on to the next question -- We finally did the beneficiary part and the bank filled it out, etc. But now I wonder -- the beneficiary will need a death certificate. And I'm assuming that it can be ordered from the state of Florida, that will be without cause of death, and I'm also figuring that will be acceptable to the bank. I suppose. Just checking. I want to make it easy for the beneficiary to give the right information to him. When my parents died, I didn't know exactly what to do, it was a horrible process with the court, so much confusion during a stressful time.
Zigner
Well-Known Member
It doesn't have to be without cause of death. There's no reason that the beneficiary cannot obtain a copy with the cause of death, if they so desire.
Share this page
