Law Offices
of
Adam Farber
Helping you Build, Protect and Rebuild your Future
Power of Attorney
&
Health Care Directives
Essential Planning Tools
A comprehensive estate plan is about more than just who receives your assets—it’s also about who can act on your behalf if you're unable to manage your personal, financial, or medical affairs. That’s where Powers of Attorney and Health Care Directives come in. These documents allow you to legally appoint trusted individuals to make decisions for you in the event of incapacity, giving your loved ones clarity, authority, and direction when it matters most.
Types of Power of Attorney
Durable Power of Attorney
This is the most commonly used type in estate planning. A Durable POA remains in effect even if you become incapacitated. It allows your chosen agent to continue managing your financial and legal affairs without needing court intervention. It's often used for long-term planning and remains effective until you revoke it or pass away.
Non-Durable Power of Attorney
A Non-Durable POA is typically used for short-term or specific transactions, such as signing documents during a real estate closing while you're out of town. It becomes invalid if you become incapacitated, so it is not used for long-term planning or medical emergencies.
Springing Power of Attorney
A Springing POA only becomes effective under certain conditions—most often when a doctor certifies that you are incapacitated. While it may sound appealing, springing powers can sometimes cause delays or confusion if institutions require strict proof of incapacity.
Medical Power of Attorney
(Health Care Surrogate in Florida)
This allows someone to make medical decisions on your behalf if you're unable to communicate your wishes. In Florida, this is called a Designation of Health Care Surrogate and is often paired with a Living Will that outlines your preferences for end-of-life care.
Limited (or Special) Power of Attorney
A Limited POA gives your agent authority over a specific task or for a set period of time—for example, handling the sale of a car or managing a bank account. Once the task is complete or the time expires, the POA becomes invalid.
Power of Attorney: Durable vs.
Non-Durable
There are different types of Powers of Attorney, but the most commonly used in estate planning is the Durable Power of Attorney. A durable POA remains in effect even if you become mentally or physically incapacitated, offering critical protection in situations like illness, dementia, or serious injury. This means your chosen agent can immediately step in to manage your financial and legal affairs without delay or court involvement—helping you avoid guardianship proceedings.
A Non-Durable Power of Attorney, by contrast, is typically used for short-term or specific purposes—such as authorizing someone to sign documents for a real estate closing while you're out of the country. However, it automatically becomes invalid if you lose mental capacity, which limits its usefulness in long-term planning.
It's also important to understand that both types of POA can be customized to grant broad or limited authority, depending on your comfort level and needs. For example, you might authorize your agent to manage investments but not sell real estate without further consent. At the Law Offices of Adam Farber, we work closely with you to ensure the powers you grant are clear, properly documented, and aligned with your unique life circumstances—so your interests are protected at every stage.
Health Care Directives are essential legal documents that ensure your medical wishes are honored when you’re unable to communicate them yourself. In Florida, the most important of these is the Designation of Health Care Surrogate, which functions as a Medical Power of Attorney. This document allows you to appoint someone you trust to make health care decisions on your behalf if you're unconscious, mentally incapacitated, or otherwise unable to speak for yourself. Your surrogate can consult with doctors, access medical records, approve or decline treatments, and ensure your preferences are followed. Having this directive in place helps prevent confusion, delay, and potential disputes among loved ones during medical emergencies—ensuring that decisions are made swiftly and in line with your values.
Health Care Directives
and the
Designation of Health Care Surrogate
Power of Attorney vs. Health Care Directives: What’s the Difference?
Both Powers of Attorney and Health Care Directives are essential estate planning tools, but they serve very different purposes. Understanding how they work—and how they work together—can help you prepare for the unexpected with clarity and confidence.
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A Power of Attorney (POA) allows you to appoint someone you trust to handle your financial and legal affairs if you become unable to do so. This can include tasks like paying bills, managing bank accounts, handling property, or signing legal documents. The most commonly used type in estate planning is the Durable Power of Attorney, which remains in effect even if you become incapacitated.
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On the other hand, Health Care Directives—which include a Designation of Health Care Surrogate and a Living Will—deal specifically with medical decisions. A health care surrogate is the person you choose to speak to doctors and make treatment decisions on your behalf if you cannot speak for yourself. A living will outlines your preferences about life-sustaining treatment, such as whether you wish to be kept on a ventilator or receive artificial nutrition in the event of a terminal condition or irreversible coma.
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Together, these documents provide a comprehensive safety net. The Power of Attorney ensures your financial life continues to run smoothly, while Health Care Directives ensure your medical wishes are honored and your loved ones are empowered to act in your best interest. At the Law Offices of Adam Farber, we help clients prepare both types of documents as part of a complete, thoughtful estate plan—so you and your family are protected in every situation.
Understanding Health Care Directives and Living Wills
Health Care Directives are legal documents that outline your medical wishes and authorize trusted individuals to make health-related decisions on your behalf if you're unable to do so. In Florida, the two primary health care directives are the Designation of Health Care Surrogate and the Living Will. These documents work together to ensure your voice is heard and respected during medical situations where you may not be able to communicate your preferences.
A Designation of Health Care Surrogate (Florida’s version of a Medical Power of Attorney) allows you to appoint someone—often a spouse, family member, or close friend—to make medical decisions on your behalf. Your surrogate has the authority to speak with doctors, review medical records, approve or refuse treatments, and advocate for the type of care you would want. This becomes especially important during emergencies, surgeries, or long-term illness when you may not be able to direct your own care.
A Living Will is a specific type of health care directive that addresses your preferences for end-of-life care. It allows you to express whether you want to receive life-prolonging treatments—such as artificial ventilation, resuscitation (CPR), feeding tubes, or hydration—if you're diagnosed with a terminal illness or are in a persistent vegetative state with no reasonable chance of recovery. A Living Will ensures that your choices about extraordinary medical interventions are known in advance, so your loved ones don’t have to make those difficult decisions for you without guidance.
Together, the Designation of Health Care Surrogate and Living Will form a powerful part of any estate plan. They protect your dignity, relieve stress on your family, and ensure medical decisions are made according to your values.
Customized Planning for
Real Life Situations
At the Law Offices of Adam Farber, we work with clients to prepare customized Powers of Attorney and Health Care Directives as part of a complete estate plan. Whether you need a broad durable POA for long-term protection, a limited non-durable POA for a specific transaction, or clear medical directives for peace of mind, we’ll ensure your documents are properly drafted, legally enforceable, and aligned with your values. Planning ahead gives you control—and gives your family the clarity they’ll need when it matters most.
Disclaimer
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create an attorney-client relationship, and receipt or viewing does not constitute an attorney-client relationship.