Get Florida Power of Attorney

The laws regarding power of attorney differ from state to state. Those for Florida are as unique as any in the country. If done correctly, your power of attorney document will protect your interests and withstand challenges in court. Before you write or attempt to execute a power of attorney in Florida, you should get to know the requirements.

Steps

Preparing a Power of Attorney in Florida

  1. Understand what is forbidden by Florida law. There are a few limits in Florida law that make power of attorney documents in the state unique.
    • Florida does not recognize a springing power of attorney created after September 30, 2011. A Springing power of attorney is one that does not transfer power to the agent until a future date. All powers of attorney created in Florida after that date must transfer power immediately upon signature and execution or they are invalid.[1]
  2. Decide on the type of power of attorney you need. Power of attorney documents are categorized based on the powers that they give and the "durability" of the grant of rights. Determine what you need before you [2]
    • General - Allows the principal (person giving power) to select an agent (any person of their choosing) to act in all matters legal under the law. This power of attorney allows the agent to do anything the principal could do. This includes selling property, making medical decisions, or even removing cash from the principal's bank account. It must be expressly stated if it is to include the power to terminate life support, .
    • Limited - Allows the principal to select an agent to act only in matters specified in the power of attorney. These powers can include selling property, making medical decisions, or most other legal acts. It is generally named consistent with the powers conveyed (such as Medical Power of Attorney).
    • Durable - Allows either of the above powers of attorney to survive even if the Principal should become incapacitated. Without durability, a power of attorney becomes invalid if the principal is incapacitated. As noted above, Florida no longer allows a springing power of attorney. It must be stated that the power of attorney is to be durable or it will be invalid when the principal is incapacitated.
    • Medical vs. Financial: If you want separate representatives to speak for you on health-related matters and financial matters, you may have separate powers of attorney.
  3. Choose an agent to represent you. You must choose someone that you can trust. This person will have control of your assets and/or medical decision making. You should not choose any person you have known less than a few years or who is easily manipulated by others. If you have doubts about your agent's suitability, consult an attorney first.
    • It's best to make sure that you and your representative have similar views religious and lifestyle views. You should also consider you agent's age and location.
    • Name more than one agent in case your first choice declines or is unavailable.
  4. Find the form. Search for the type of power of attorney you want. Some state bar associations provide blank forms. You can also locate forms specific to your state online, on websites such as USlegalforms.com.[3]
  5. Fill out the forms. Formats will tend to vary depending on the type of power of attorney you need.
    • For a limited power of attorney, be sure you are specific in the powers you are and are not delegating. For instance: I delegate all powers necessary to manage my property at (address/location), but do not delegate any powers that may transfer ownership or estate rights, in part or in whole.
    • Some general powers of attorney will allow you to choose sets of powers to appoint by initialling the appropriate paragraph. You will probably want to have your agent with you when you fill this out to make sure you both understand the powers that are being conveyed.
    • If you have any doubts as to whether your power of attorney does what you intend it to do, contact an attorney to review it for you. S/he will likely charge for this, but it can be worth it.

Finalizing and Protecting a Power of Attorney

  1. Consider hiring an attorney to review the document. An attorney may notice legal issues that people who aren't trained in legal matters would not think to include or leave out. An attorney may notice that the document uses language that could been seen as ambiguous. Ambiguity can lead to legal complications. You must remove all such language before the power of attorney is executed.
    • Even if you do not hire an attorney to look over the document, there are a few things you can do to make the document clearer. Make sure you specifically identify the powers that are being granted to the agent, when those powers will take effect, and when (if ever) those powers will cease to have an effect. This will prevent confusion. For example, instead of saying that the agent “has power over the principal’s finances,” say that the agent “has the power to withdraw money and make payments from the principal’s three bank accounts: bank account X, bank account Y, and bank account Z.”
  2. Show the power of attorney document to necessary financial institutions. Financial power of attorney documents must pass the scrutiny of the applicable financial institutions. Financial institutions do not want to inadvertently accept fraudulent power of attorney documents. They usually have some requirements that must be met in order to accept the document and give the agent the powers listed.
    • In order to make sure that your document is sufficient, show it to your bank and other financial institutions before signing it. This should ensure that they will accept it after it is signed.
  3. Find witnesses. In the state of Florida, two witnesses must sign the power of attorney. Identify two people who can be trusted to witness your signature. If you are incapacitated and the power of attorney is challenged in court, the witnesses may be called upon.[4]
  4. Sign and notarized the power of attorney. Florida law also requires that a power of attorney be notarized.[4] Take the witnesses with you when you go to the notary. You can find a notary in many places, such as UPS outlets or your local bank.
  5. Save the power of attorney document. A power of attorney is not filed at any governmental agency, but you must have it on hand and present it every time you use it. Keep it in a safe in your home or in a safety deposit box until the time comes when you need to bring it out.
  6. Understand how you can terminate the power of attorney. You can terminate or revoke your power of attorney at any time. You can include a termination date in your power of attorney, and the powers will expire on that date. You can also specify in the power of attorney that a particular action will cause the power to terminate. You can also revoke a power of attorney by destroying all copies of them. You can also prepare a letter stating that the power of attorney issued on (date) to (name) by (name) is now revoked. Unless it is "durable," your power of attorney will expire if your doctor or a court determines that you are incapable of making your own decisions.

Tips

  • You may want to hire a trusts and estates attorney to either prepare or review your power of attorney to make sure it is compatible with your estate plans.
  • Legal under law means that the person you may choose to act for you can do things such as sell your home if they can claim it "is in your best interests".

Warnings

  • There has been spike in power of attorney fraud in recent years as the 'baby-boomers' have been aging. Be aware of who you select to act for you.

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Sources and Citations

  1. ↑ http://www.floridabar.org/tfb/tfbconsum.nsf/840090c16eedaf0085256b61000928dc/ab36277c4562e98885256b2f006c5ad6?
  2. ↑ http://www.attorneykantner.com/index.php?option=com_content&view=article&id=8:power-of-attorney&catid=1:blog&Itemid=6
  3. ↑ http://www.uslegalforms.com/powerofattorney/floridapoa.htm
  4. ↑ 4.0 4.1 http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/ab36277c4562e98885256b2f006c5ad6!OpenDocument
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