The Florida Power of Attorney forms allows for a person, usually elderly but may be for anyone, to choose an ‘Agent’ or ‘Attorney in Fact’ to handle actions and decisions on their behalf. According to the new Florida laws, all documents are considered ‘durable’, meaning the form continues to be valid even if the Principal becomes mentally ill or unstable, if it contains the following statement, “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes”.
If you get divorced and your spouse was designated as your Attorney-In-Fact, the agreement doesn’t automatically terminate as it does in most other states. The Principal can revoke a Florida Power of Attorney at any time that you are mentally competent to do so. At any time, the courts can invalidate a document if they deem it insufficient. It is important to designate an alternate Attorney-In-Fact, in case your first choice is not available and to always make sure the form is witnessed by two (2) non-blood related individuals that have no involvement in the assigned arrangement. A notary public may be sufficient as well.
All documents are in accordance with Florida law Title XL – Real and Personal Property > Chapter 709 – Powers of Attorney and Similar Instruments > Part 2 – Powers of Attorney
It is an unfortunate fact of life that due to advanced age, illness or accident, any one of us can become incapacitated, and no longer able to control our own financial affairs. In this case, the Florida Financial Power of Attorney statute allows us to name an individual designated as our Attorney-In-Fact, who will become our stand in for monetary matters. Without such an individual…
General power of attorney allows for the same rights for an agent as the durable, which is to act in the Principal’s best interest for any financial matter legal within the State. Except that the general form does not remain valid if the Principal should become in a state of mind where he or she can no longer think for themselves. For this reason this document…
Allows a person to handle a specific financial decision or event or someone else. It can range from representing the person at a real estate closing to as small as withdrawing money from his or her bank account. The agent must strictly follow the guidelines set forth in the document and the Principal may choose the agent to handle any one of the following; Real…
In Florida, there are two documents, the Designation of Health Care Surrogate and the Living Will, which will allow you to indirectly control your medical care if you become disabled. Without these protections in place, important decisions may well end up being made for you by unsympathetic family members or even by judges who know nothing about you as an individual. In your Living Will,…
This document may be used to elect a person to handle a title transfer (Sale) or application, as well as register the operating vehicle with the Florida Department of Highway Safety and Motor Vehicles (Find Office in Your County). All that is required to make legal is the description of the vehicle stated including; Year Make/Manufacturer Body Type Title Number Vehicle/Vessel Identification Number (VIN) And…
If a property owner would like to sell a piece of real estate owned in the State of Florida this document should be completed and notarized. This form is adequate to allow a real estate attorney or any other type of representative to be able to handle a real estate transaction to the benefit of the seller.
Use this document to cancel a power of attorney form that has been created in the State of Florida. The one page form needs to be authorized with in front of a notary public in order to become legal and should be distributed to every public and private institution that should be notified of the cancellation.
Allows a resident of Florida to choose an accountant or any other person to handle their State tax filing on their behalf. Most likely this document will be a part of your filing presented to you by your representative for signature. Unlike other power of attorney documents in Florida, this does not need to be witnessed or signed with a notary present.
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