Durable Power of Attorney vs Medical Power of Attorney: What You Need to Know Part II

In this series installment we conclude this initial conversation concerning durable power of attorney vs. medical power of attorney. We will discuss some general facts surrounding powers of attorney, as well as why it is a good idea to work with a wills & probate attorney when creating a power of attorney. For official advice and more invaluable, formal legal insight, contact the experienced legal team at Suncoast Civil Law.

What is the Difference Between a Durable Power of Attorney and a Medical Power of Attorney?

There are many key differences between a durable power of attorney and a medical power of attorney. Primarily, the types of decisions that each document allows you to be in charge of will differ. A durable power of attorney will allow someone to make your financial decisions, while a medical power of attorney will grant someone with the authority to make medical decisions on your behalf. It is easy to see why these documents are so critical in estate planning. And, it is important to understand that different types of powers of attorney exist.

What Types of Powers of Attorney are There?

There are several different types of power of attorney. It would be a mistake to think that all of your needs are covered, simply because you have one type of power of attorney in place. Depending on the type of power of attorney in place, your loved ones may or may not be able to make the kinds of decisions on your behalf that you intend for them to have control over. A general power of attorney, for example, grants broad authority. However, it ends if you become incapacitated. A “durable” power of attorney will remain in effect even if you become incapacitated (which is, often, the reason behind people wanting to craft a power of attorney to begin with.) A healthcare power of attorney will only allow the designated party to make decisions concerning medical treatment.

As you can see from the above, each power of attorney performs a specific role. Some will cover financial decisions, others medical treatment, and some are limited while others endure, even past the point where you are incapacitated.

The type of power of attorney that you need will depend on your situation and your intended purposes. A wills & probate attorney can help you assess your own aims and guide you in selecting the appropriate tools for your own circumstances.

What Happens if I Become Incapacitated Without a Power of Attorney?

If you have no power of attorney in place and become incapacitated, a court-appointed guardian may become necessary. The process of having one assigned can be slow and costly, in an already stressful time. The outcome also becomes that a judge chooses who is making your decisions, rather than you.

You can avoid this by ensuring that you have valid durable and medical powers of attorney in place. An experienced wills & probate attorney can help.

Contact Suncoast Civil Law

Working with an attorney, you can rest assured that your power of attorney is crafted correctly, is valid under state law, and is the correct form to accomplish your intended aims.  Having an experienced Sarasota wills & probate attorney from Suncoast Civil Law on your side ensures that important decisions will be made correctly by you, and designated to those you intend to empower. Contact our office today to learn more.

Sources:

northescambia.com/2025/07/florida-attorney-general-charges-woman-with-exploitation-of-elderly-escambia-man

naplesnews.com/story/news/local/2025/08/03/what-are-the-hoa-rules-in-florida-here-are-some-answers/85397289007/