05/29/2026
๐๐ฎ๐ซ๐๐๐ฅ๐ ๐๐จ๐ฐ๐๐ซ ๐จ๐ ๐๐ญ๐ญ๐จ๐ซ๐ง๐๐ฒ ๐ฏ๐ฌ. ๐๐ฎ๐ฌ๐ข๐ง๐๐ฌ๐ฌ ๐๐ฉ๐๐ซ๐๐ญ๐ข๐ง๐ ๐๐ ๐ซ๐๐๐ฆ๐๐ง๐ญ๐ฌ: ๐๐ก๐๐ญ ๐๐จ๐ฏ๐๐ซ๐ฌ ๐๐ก๐๐ญ?
Many Florida business owners assume their operating agreement covers incapacity. It usually doesn't.
Here's the difference:
๐ Operating Agreement / Bylaws
Governs internal business decisions โ voting, profit sharing, management structure. May or may not address what happens if a member becomes incapacitated.
๐ Durable Power of Attorney (DPOA)
A personal legal document that gives a trusted person authority to act on YOUR behalf โ including managing your interest in a business โ if you become unable to do so.
Without a DPOA, your spouse or family may not have the legal authority to step in, even if they know how to run the business.
You need both. And they need to work together.
If you're not sure whether your documents are aligned, Lumsden Law can help you review them. โ๏ธ
๐ https://lumsdenlawfirm.com/contact-us/