Florida Power of Attorney

State:
Florida
Control #:
FL-SKU-4034
Format:
PDF
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Description

Power Of Attorney

A Florida Power of Attorney is a legal document that allows a person (the Principal) to appoint another person (the Agent or Attorney-in-Fact) to act on their behalf. It can be used for a variety of purposes, including managing finances, handling real estate transactions, filing taxes, and making medical decisions. The Principal can grant the Agent broad powers, or specify only certain limited acts to be taken. There are two main types of Florida Power of Attorney: General Power of Attorney and Limited Power of Attorney. A General Power of Attorney grants the Agent broad authority to act on the Principal’s behalf. A Limited Power of Attorney grants the Agent a more limited authority, and specifies only certain acts that can be taken. In Florida, a Power of Attorney must be signed by the Principal and two witnesses, or notarized. The document must also include a statement that the Principal is of sound mind and understands the nature of the document.

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FAQ

A power of attorney must be signed by the principal, by two witnesses to the principal's signature, and a notary must acknowledge the principal's signature for the power of attorney to be properly executed and valid under Florida law.

An original power of attorney may be required to be recorded into the Official Records if it is relied upon to affect title to real property. Please seek legal advice regarding use of a power of attorney or review Florida Statute 709 Part II.

A Florida durable power of attorney form represents a way in which an individual, or principal, can have someone act for them with regard to their finances and other areas of life. The durable type of POA stays in effect even if the principal ends up in a situation where he or she cannot think or act or communicate.

However, a general power of attorney only operates while you are still coherent and mentally capable. It automatically expires upon incapacity or death. A durable power of attorney remains operational upon incapacity, although it expires upon death.

In order to be effective, a Florida power of attorney must be signed by the principal and by two witnesses, and be notarized.

In Florida, you don't have to hire a lawyer to create your power of attorney ? you can do it yourself, saving you time and money. As long as you follow Florida's requirements, any POA you create is just as legal as one drafted by a lawyer.

When Does Durable Power of Attorney Become Effective? In Florida, durable power of attorney becomes immediately effective once the principal signs the necessary document in the presence of two adult witnesses and a notary. The principal must also be a competent adult to assign power of attorney.

In Florida, you don't have to hire a lawyer to create your power of attorney ? you can do it yourself, saving you time and money. As long as you follow Florida's requirements, any POA you create is just as legal as one drafted by a lawyer.

More info

A power of attorney is a legal document that allows a principal to appoint an agent to act for them should they become incapacitated. The agent is expected to place the principal's interests ahead of his or her own, which is why it is important for you and your loved one to pick a trusted individual.With a nondurable POA, your agent's power to act ends if you become incapacitated. A power of attorney (POA) is legal authorization for a designated person to make decisions about another person's property, finances, or medical care. Today, most states permit a "durable" power of attorney that remains valid once signed until you die or revoke the document. A Durable Power of Attorney (also called an Enduring Power of Attorney) is valid regardless of whether you, the principal, are competent. A durable power of attorney gives your agent the right to make decisions and take the actions specified for the long term. If it is durable, the power of attorney will continue to be effective after you lose competency to make your own decisions. A durable power of attorney gives your agent the right to make decisions and take the actions specified for the long term. With a durable power of attorney, the agent's authority to act does not expire if the principal becomes incapacitated.

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Florida Power of Attorney