Power of Attorney
Durable Power of Attorney Lawyer and Jacksonville Elder Law AttorneyFlorida 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.
1. What is a Power of Attorney?
2. What are some uses of a Power of Attorney under Florida law?
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?
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?
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?
22. What if the third party will not accept the Power of Attorney?
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?
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?”
AFFIDAVIT OF ATTORNEY-IN-FACT
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. _________________________ Affiant/Attorney-in-fact 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 SEAL This affidavit was prepared pursuant to Section 709.08(4), Florida Statutes (2011).