Florida Durable Power Of Attorney Information
- Date: 2010-10-01 - Word Count: 321
Share This!
A Florida durable power of attorney is a legal document that designates a person to act on behalf of another person. The person who is granting the authority to someone else to act in their behalf is called the "principal". The person designated to act on behalf of the principal is called the "attorney-in-fact". An attorney-in-fact can be any person who is at least eighteen years of age and is of sound mind. Some financial institutions and not-for-profit corporations can also be named as the principal's attorney-in-fact.
The Florida durable power of attorney form must be signed by the principal who is granting powers to his/her attorney-in-fact. A Florida durable power of attorney form is also required to be signed by two adult witnesses and notarized by a notary public in the same manner a deed must be acknowledged in the State of Florida.
A Florida durable power of attorney form must also contain the words "This durable power of attorney is not affected by subsequent incapacity of the principal" or similar wording to show that the principal meant for the attorney-in-fact to still be able to act on behalf of the principal in his/her name even if the principal should later become incapacitated.
The attorney-in-fact may act on behalf of the principal in his/her name immediately after the document is signed, witnessed and acknowledged. The attorney-in-fact can also continue to act on behalf of the principal in his/her name until the principal dies or the document is revoked by the principal.
If the principal becomes incapacitated and someone else legally requested the court to determine the principal's incapacity, the attorney-in-fact's authority to continue to act on behalf of the principal would be suspended until the court made a final determination or if the request is dismissed or withdrawn.
A Florida durable power of attorney form cannot give the attorney-in-fact the authority to vote or sign a last will and testament on behalf of the principal.
The Florida durable power of attorney form must be signed by the principal who is granting powers to his/her attorney-in-fact. A Florida durable power of attorney form is also required to be signed by two adult witnesses and notarized by a notary public in the same manner a deed must be acknowledged in the State of Florida.
A Florida durable power of attorney form must also contain the words "This durable power of attorney is not affected by subsequent incapacity of the principal" or similar wording to show that the principal meant for the attorney-in-fact to still be able to act on behalf of the principal in his/her name even if the principal should later become incapacitated.
The attorney-in-fact may act on behalf of the principal in his/her name immediately after the document is signed, witnessed and acknowledged. The attorney-in-fact can also continue to act on behalf of the principal in his/her name until the principal dies or the document is revoked by the principal.
If the principal becomes incapacitated and someone else legally requested the court to determine the principal's incapacity, the attorney-in-fact's authority to continue to act on behalf of the principal would be suspended until the court made a final determination or if the request is dismissed or withdrawn.
A Florida durable power of attorney form cannot give the attorney-in-fact the authority to vote or sign a last will and testament on behalf of the principal.
Related Tags: power of attorney, durable power of attorney, power of attorney form, power of attorney forms, limited power of attorney
Your Article Search Directory : Find in Articles
Recent articles in this category:
- Work Cover Lawyers Help Workers Favored In New Contingency Agreement
Were you ever given a small amount of compensation after having been injured on your job? Have exper - Florida Last Will And Testament Information
A person who is at least 18 years of age can complete a Florida Last Will and Testament and is refer - California Power Of Attorney Information
In California any adult person who has the ability to enter into an agreement can complete and sign - Criminal Lawyer
Sexual assaults are increasing with alarming frequency and everyday there are news reports about var - Fort Lauderdale Foreclosure Lawyer Explains, Foreclosure Is Not Your Only Option, You Have A Choice
Foreclosure has been one of the foremost topics within the real estate world in recent years, as eac - Should You Make A Personal Injury Claim?
Personal injury claims now gain wider exposure than ever before, yet many people are still unaware o - Mesa Bankruptcy- Regain Financial Stability
Are you drowning in overwhelming debt? Is it causing you mental, emotional and physical distress? Ta - How Bankruptcy Can Help You Financially Start Over With A Clean Slate
Fed up with debt? Desperately want to be free from the unbearable problem? If yes, then you should n - Major Yasmin Birth Control Side Effects
Yasmin is a popular form of hormonal birth control that has been heavily marketed, especially to you - Sometimes It's The Drama At The Bench Between The Attorneys And Judge
After a long, tedious week in the largest U.S. cover up trial in history, the leading figures are sp
Most viewed articles in this category:
- Be Aware of Single Owner LLC Tax Problems
One of the more popular business entity choices these days is the limited liability company. If - 14 Tips on How Parents Who Have a Child with a Disability Can Organize Their Estate
Copyright © 2007 L. Mark Russell As a general rule, parents should keep their original document - IF OUR PETS WERE REALY OUR "MINOR CHILDREN" MOST OF US "PARENTS" WOULD BE IN JAIL FOR CHILD NEGLECT
As a pet owner, do you need to have a pet trust or will in your estate plan? Well, maybe so, given - The Last Will And Testament - A Model NOT To Live By
The death of Anna Nicole Smith has at least one valuable outcome, even if it is simply serving as a - The British Constitutional Reform Act
The Constitutional Reform Act of 2005 changed the British hitherto unwritten constitution by in - Patented Drugs
While a drug or process is under patent, other companies are wary of working anything even remote - Divorce and Debt
As common sense and statistics tell us, the leading cause of marital discord is money. Therefore - The Misunderstood World of Corporate Minutes
The corporation is the most used form of business entity in the United States. While many people - Attorney for Legal Services
All of us hire lawyers at one point or the other. People get sued, arrested, charged for a crime, - Should Parents EVER Leave an Inheritance Outright to a Child who has a Disability?
Copyright © 2007 L. Mark Russell There are few absolutes in estate planning, but this is one. I