Most people assume their spouse or adult child can automatically step in if something happens to them.

That assumption causes more problems than almost anything else I see.

In Florida, no one can legally handle your finances, deal with banks, talk to investment companies, or manage property just because they love you or share your last name. Without the right document in place, your family may be completely stuck.

That document is a durable power of attorney.

What a durable power of attorney actually does

A durable power of attorney allows you to name someone you trust to act on your behalf if you are unable to do so yourself. This can include paying bills, managing accounts, handling insurance matters, dealing with property, and signing certain documents.

The word durable is key. It means the authority continues even if you become incapacitated. Without durability, the document is essentially useless when you need it most.

This is not an end of life document. It is a life happens document.

Accidents, strokes, sudden illness, and cognitive decline do not wait until retirement age. I have seen families scrambling after a fall, a hospitalization, or a diagnosis that changed everything overnight.

What happens without a POA

When there is no durable power of attorney in place, families often assume the next step is simple. It is not.

Banks will not talk to them. Bills still need to be paid. Accounts may be frozen. Decisions get delayed. Stress levels skyrocket.

At that point, families are often forced into court to seek guardianship. That process is expensive, time consuming, public, and emotionally draining. It also removes decision making from the family and puts it under court supervision.

All of that can usually be avoided with one properly prepared document.

Why execution matters in Florida

A durable power of attorney is only as good as how it is executed.

Florida has very specific requirements for signing. Witnesses matter. Notarization matters. The language matters. If it is not done correctly, financial institutions can and will reject it.

That is why a downloaded form or a half finished document sitting in a drawer is not protection. It is a false sense of security.

When a POA is done right, it works quietly in the background. When it is done wrong, it fails loudly in a crisis.

Choosing the right agent

Naming an agent is not about hurt feelings or family politics. It is about trust, availability, and ability.

The right person is someone who can handle paperwork, communicate clearly, and act in your best interest under pressure. This may or may not be your oldest child. It may or may not be the person you feel closest to emotionally.

You can also name backups. Life changes. People move. Plans evolve. A good POA accounts for that.

Why this should not wait

People delay this document because they think nothing will happen. Until something does.

A durable power of attorney is one of those things you hope never gets used, but you will be incredibly grateful it exists if it is ever needed.

It belongs alongside a will, healthcare documents, and an organized binder so your family knows exactly what to do and where to find it.

This is one of the simplest steps you can take to protect yourself and the people who would otherwise be left trying to fix things during a crisis.

Small disclaimer: I am not an attorney and do not provide legal advice. Document preparation services are offered in compliance with Florida law. For legal advice or complex planning situations, consult a licensed Florida attorney.