Q: Can I appoint my sister Durable Power of Attorney over my wife to manage my estate.
I would like to appoint my sister to manage my estate. My sister is capable and would guide my wife if I become an invalid or die. My wife is a recent naturalized citizen and I worry she would prove incapable of managing things on her own.
A: Yes, you can pick whomever you would like to be your Florida Durable Power of Attorney and there is no requirement, law of obligation that says a wife/spouse must come first. There are numerous rights that a spouse has related to any estate, these issues and considerations you should weigh and discuss with an estate planning attorney. While you may think you can do anything you want in a Will or Trust, that is simply not the case when a spouse exists, so be aware of this reality.
A: Keep in mind that a power of attorney, durable or otherwise, would not survive your death. So, for example, if you become mentally incompetent, your sister as your attorney in fact could continue to manage your estate; but if you then die, she would no longer be able to do so. You should therefore also have a will.
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