Power of Attorney
Durable Power of Attorney Lawyer and Jacksonville Elder Law Attorney
Florida Durable Powers of Attorney
If you need the assistance of an estate planning or elder law attorney regarding a Florida durable power of attorney, please contact your Jacksonville estate planning and elder law lawyer for durable powers of attorney at 904-448-1969, toll free at 866-510-9099, or email us at Info@TheColemanLawFirm.net.
What is a Power of Attorney?
Unless otherwise specified, this information applies to Powers of Attorney, including durable powers of attorney signed in Florida on or after October 1, 2011. Consult a Florida estate planning lawyer or elder law attorney regarding use and enforceability of Powers of Attorney executed prior to October 1, 2011. The Florida legislature passed additional legislation in 2013 providing further refinements to the Florida Power of Attorney statute.
If you have a durable power of attorney that was signed prior to October 1, 2011, you should discuss with your estate planning attorney whether the existing power of attorney will meet your needs. Those powers of attorney signed after October 1, 2011, pursuant to the power of attorney statute that became effective on that date, have provisions that provide greater protection against abuse by the holder of the power of attorney, and have stronger provisions that allow you to require a third party to honor the power of attorney. Please consult with your counsel. If you need assistance to obtain or update a current durable power of attorney, please call us toll free at 866-510-9099 to schedule a consultation.
To prepare a BASIC durable power of attorney that complies with the Florida durable power of attorney statute, you can go to this site. The power of attorney that will be prepared for you will be reviewed by one of our Florida estate planning lawyers or elder law attorneys to determine that it contains the appropriate information. The cost of your attorney reviewed durable power of attorney is $49, and your
power of attorney will be prepared and delivered through our secure portal within 24 hours of your order being received. Disclaimer: The online prepared durable power of attorney is a basic power of attorney, specifically designed based on Florida law, that should handle just about any legal need you may have, including long term care planning. Be sure to read the information below before ordering your power of attorney so that you understand the legal significance and scope of the powers that you are granting to your agent (attorney in fact).
This information is organized into eight parts: (1) About the Power of Attorney, including a Florida durable power of attorney; (2) Powers and duties of an Attorney-in-fact; (3) Using the Power of Attorney or durable power of attorney; (4) Relationship of the Power of Attorney to other legal instruments; (5) Health care and the Power of Attorney in Florida; (6) Termination of the Power of Attorney; (7) Financial management and the liability of an Attorney-in-fact and (8) Where to learn more.
1. What is a Power of Attorney?
2. What are some uses of a Power of Attorney under Florida law?
If you need a Florida attorney to assist you obtain a proper durable power of attorney,please call your Jacksonville Power of Attorney Lawyer at 904-448-1969 or toll free at 866-510-9099.
3. Where may a person obtain a Power of Attorney?
4. What is a “principal?”
5. What is an “agent?”
6. What is a “third party?”
7. What is a “Limited Power of Attorney?”
8. What is a “General Power of Attorney?”
9. What is a “Durable Power of Attorney?”
10. Must a person be competent to sign a Power of Attorney?
11. Who may serve as an agent?
12. What happens if the Power of Attorney was created under the laws of another state?
13. What activities are permitted by an agent?
Two types of acts may be incorporated by a simple reference to the statutes in the Power of Attorney or durable power of attorney — the “authority to conduct banking transactions as provided in section 709.2208(1), Florida Statutes” and the “authority to conduct investment transactions as provided in section 709.08(2), Florida Statutes.” When either of these phrases is included in the Florida Power of Attorney, all of the acts authorized by the referenced statute may be performed by the agent even though the specific acts are not listed in the Power of Attorney itself.
14. May an agent sell the principal’s home?
15. What may an agent not do on behalf of a principal?
16. What are the responsibilities of an agent?
17. Is there a certain code of conduct for agent?
18. When is a Durable Power of Attorney effective?
19. Must the principal deliver the Power of Attorney to the agent right after signing or may the principal wait until such time as the services of the agent are needed?
Often, the Florida estate planning lawyer or elder law attorney may fulfill this important role. For example, the principal may leave the Power of Attorney with the lawyer who prepared it, asking the lawyer to deliver it to the agent under certain specific conditions. Because the estate planning lawyer may not know if and when the principal is incapacitated, the principal should let the agent know that the lawyer has retained the signed document and will deliver it as directed. If the principal does not want the agent to be able to use the Power of Attorney until it is delivered, the durable Power of Attorney should clearly require the agent to possess the original because copies of signed Powers of Attorney are sufficient for acceptance by third parties.
20. How does the agent initiate decision-making authority under the Power of Attorney?
21. How should the agent sign when acting as an agent?
Howard Rourk, as agent for Ellsworth Toohey.
In this example, Howard Rourk is the agent, and Ellsworth Toohey is the principal of the durable power of attorney.
22. What if the third party will not accept the Power of Attorney?
Under some circumstances, if the third party’s refusal to honor the Durable Power of Attorney causes damage, the third party may be liable for those damages and even attorney’s fees and court costs. Even mere delay may cause damage and this too may be actionable. It is reasonable, however, for the third party to have the time to consult with an experienced estate planning or elder law lawyer or an internal legal department about the Power of Attorney. Delay for more than a short period may be unreasonable. Upon refusal or unreasonable delay, consult a Florida estate planning lawyer or elder law attorney. You can call us for assistance at 904-448-1969 or toll free at 866-510-9099.
23. Why do third parties sometimes refuse Powers of Attorney?
24. What if a third party requires the agent to sign an affidavit prior to honoring the Power of Attorney?
25. What else may the third party require?
26. May the agent employ others to assist him or her?
27. What is the difference between an agent and an executor or personal representative?
28. What is the difference between a “trustee” and an “agent?”
29. What if the principal has a “guardian” appointed by the court?
30. May a Power of Attorney avoid the need for guardianship?
If you need the assistance of a Florida estate planning attorney to avoid a guardianship by establishing a power of attorney, please contact us at 904-448-1969 or call us toll free at 866-510-9099.
31. What is the relationship between a Declaration of Living Will and Power of Attorney?
32. What is a Health Care Surrogate Designation and how does it differ from a Power of Attorney?
33. When does a Durable Power of Attorney terminate?
34. When does a particular agent’s authority terminate?
35. What is the procedure under Florida law for a principal to revoke a Power of Attorney?
36. Court proceedings were filed to appoint a guardian for the principal or to determine whether the principal is incapacitated. How does this affect the Power of Attorney?
37. Authority as agent has been suspended because guardianship proceedings are pending for the principal. Now there is an emergency but there is no guardian has been appointed. What now?
38. What is “fiduciary responsibility?”
Florida Statutes: Chapter 709 of the Florida Statutes contains the full Florida statutory law on Powers of Attorney. Chapter 744 deals with Florida guardianship law. Chapter 518 deals with investment of fiduciary funds and applies to the attorney in fact in the exercise of his or her “fiduciary duty.”
AFFIDAVIT OF ATTORNEY-IN-FACT
AFFIDAVIT OF ATTORNEY-IN-FACT
STATE OF FLORIDA
COUNTY OF _____________
Before me, the undersigned authority, personally appeared ______________________ (“Affiant”), who swore or affirmed that:
1. Affiant is the attorney-in-fact named in the Durable Power of Attorney executed by __________________ (“Principal”) on ____________________________.
2. This Durable Power of Attorney is currently exercisable by Affiant. The principal is domiciled in _______________________.
3. To the best of the Affiant’s knowledge after diligent search and inquiry:
a. The Principal is not deceased; and
b. There has been no revocation, partial or complete termination by adjudication of incapacity or by the occurrence of an event referenced in the durable power attorney, or suspension by initiation of proceedings to determine incapacity or to appoint a guardian.
4. Affiant agrees not to exercise any powers granted by the Durable Power of Attorney if Affiant attains knowledge that it has been revoked, partially or completely terminated, suspended, or is no longer valid because of the death or adjudication of incapacity of the Principal.
Sworn to (or affirmed) and subscribed before me this _____ day of _____________ by Affiant who is personally known to me or who produced _________________________ as identification.
___________________________ Notary Public
This affidavit was prepared pursuant to Section 709.08(4), Florida Statutes (2011).
This material represents general legal advice. Since the Florida law related to powers of attorney is continually changing, it is always best to consult an experienced estate planning lawyer or elder law attorney about your legal rights and responsibilities regarding your particular case. If you need the assistance of a Florida lawyer regarding a durable power of attorney, please contact your Jacksonville lawyer for durable power of attorney at 448-1969, toll free at 866-510-9099, or email us at Info@TheColemanLawFirm.com.
The estate planning lawyers and attorneys with the Coleman Law Firm offer their services as estate planning, probate, elder law, Medicaid planning, asset protection and guardianship lawyers and attorneys primarily in Northeast Florida including the following counties, towns, and cities: Duval County – Jacksonville, Jacksonville Beach, Atlantic Beach, Neptune Beach; St. Johns County – St. Augustine, Ponte Vedra Beach, Nocatee, St. Augustine Beach; Clay County – Orange Park, Middleburg, Green Cove Springs; Nassau County – Amelia Island, Fernandina Beach, Yulee, Callahan; Flagler County – Flagler Beach, Palm Coast, Bunnell; Baker County – Macclenney, Glen St. Mary; Putnam County – Palatka, Interlachen; Columbia County – Lake City, Fort White; and in other parts of Florida as requested or necessary. We are a participating attorney in the AARP Legal Services Network.