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What Happens If You Don’t Have a Power of Attorney in Florida?

Protecting the life you have built for people you love.
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January 29, 2026 •  Emily Hicks Law, PLLC
Most people think estate planning only matters after death. But what if something happens while you’re still alive? A sudden illness, accident, or medical emergency could leave you unable to manage your finances or make decisions — and without the right documents, your family may be stuck going to court.

Most people think estate planning only matters after death. But what if something happens while you’re still alive? A sudden illness, accident, or medical emergency could leave you unable to manage your finances or make decisions — and without the right documents, your family may be stuck going to court.

Here’s what happens if you don’t have a power of attorney in Florida.

You Lose Control Over Who Makes Decisions

Without a valid durable power of attorney, no one — not even your spouse — automatically has authority to handle your finances. That means:

  • No accessing bank accounts
  • No signing contracts
  • No managing bills or investments
  • No selling property

Everything can come to a halt.

Your Family May Need a Guardianship

In many cases, the only solution is a court-ordered guardianship. Guardianship can involve:

  • Hiring an attorney
  • Medical evaluations
  • Court hearings
  • Ongoing reporting to the court
  • Public proceedings
  • Thousands of dollars in costs

And the court — not you — decides who’s in charge. It adds stress during an already difficult time. When families are dealing with a health crisis, the last thing they need is legal red tape. A simple document prepared in advance can avoid months of delay and conflict.

The Easy Fix: A Durable Power of Attorney

Florida law allows you to appoint someone you trust to act on your behalf through a durable power of attorney. This person can:

  • Pay bills
  • Manage accounts
  • Handle property
  • Work with insurance companies
  • Run your financial life if you can’t

It’s one of the most important — and most overlooked — estate planning tools.

Final Thoughts

Estate planning isn’t just about what happens when you die. It’s also about protecting yourself while you’re alive. Having a power of attorney means your family can focus on your care — not the courtroom.

If you don’t have one yet, now is the time. Book a call today.

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