Florida Power of Attorney

© William D. Slicker, 2012

            As of October 1, 2011, powers of attorney in Florida were modified by Florida’s Power of Attorney Act which was based on the Uniform Power of Attorney Act. The following is a partial list of some of the major changes:

            (1) Power of attorney must be signed by the principal in front two witnesses and a notary public,

            (2) A power of attorney is terminated when:

                 (a) a dissolution of marriage or an annulment action is filed with respect to the marriage between the principal and agent,

                        (b) the principal dies,

                        (c) the principal becomes incapacitated if the power of attorney is not durable,

                        (d)      the principal is adjudicated incapacitated by a court,

                        (e)       the principal revokes the power of attorney,

                        (f)       the purpose of the power of attorney is accomplished,

                        (g)       the power of attorney provides that it ends,

                        (h)      the agent dies, resigns, becomes incapacitated, or is removed by court.

            (3) Springing powers of attorney (a power of attorney conditioned on a future event) are not given effect except in cases of a military power of attorney,

            (4) A third party must accept or reject a power of attorney within a reasonable amount of time (four days excluding Saturday, Sundays, and holidays are presumed to be reasonable). A third person may require an affidavit from the agent stating that the power of attorney is still valid. If the third party improperly refuses to accept a power of attorney, the agent may enforce it through the court and recover reasonable attorney fees and court costs,

            (5) In order to be paid as an agent, the agent must be one of the following:

                        (a) a financial institution that has trust powers and a place of business in Florida,

                        (b) a spouse or heir of the principal,

                        (c) an attorney licensed in Florida,

                        (d) a certified public accountant licensed in Florida,

                        (e) a person who is a resident of Florida who has never been an agent for more than three principals.

            (6) Certain powers contained in the power of attorney must be separately acknowledged by separately initialing next to each provision including:

                         (a) the power to create a living trust,

                        (b) the power to amend, revoke, or terminate a trust created by or for the benefit of the principal,

                        (c) make a gift in excess of the annual federal gift tax exlusion,

                        (d) create or change rights to survivorship,

                        (e) create or change a beneficiary designation,

                        (f) waive the principal’s rights to be a beneficiary of an annuity or retirement plan,

                        (g) the power to disclaim property or powers of appointment

            (7) The agent must act in accordance with the following duties that cannot be waived or eliminated:

                        (a) act within the scope of the authority granted in the power of attorney,

                        (b) may not act contrary to the principal’s reasonable expectations,

                        (c) act in good faith,

                        (d) may not act contrary to the principal’s best interest,

                        (e) attempt to preserve the principal’s estate plan,

                        (f) act personally except for the authority to delegate investment functions

                        (g) keep adequate records

                        (h) create an inventory of the principal’s safe deposit box if authorized access to it.

            (8) The agent must act with the following duties unless they are modified or eliminated by the power of attorney,

                        (a) act loyally for the sole benefit of the principal,

                        (b) act so as to not create a conflict of interest,

                        (c) act with care, competence, and diligence ordinarily exercised by agents in similar circumstances,

                        (d) cooperate with health care providers authorized to make health care decisions for the principle.

            (9)       An agent who violates the Florida Power of Attorney Act is liable to the principal or the principal’s successors in interest for restoring the value to the principal’s property to what it would have been if the violation had not occurred plus attorney fees and court costs.

Share and Enjoy

  • Facebook
  • Twitter
  • Delicious
  • LinkedIn
  • StumbleUpon
  • Add to favorites
  • Email
  • RSS
This entry was posted in General and tagged . Bookmark the permalink. Follow comments with the RSS feed for this post.Post a comment or leave a trackback: Trackback URL.


  1. Projekt
    Posted March 22, 2012 at 3:51 pm | Permalink

    Great article, just what I wanted to find.

  2. Anonymous
    Posted March 22, 2012 at 9:21 pm | Permalink

    Thank you for producing such a valuable article. I think this is the most engaging material on this subject I’ve ever read. You’ve done some deep research and great writing. This is impressive, quality work.

  3. How To Lose Weight Fast
    Posted March 29, 2012 at 11:02 pm | Permalink

    I am just getting started on the Internet. I am retired now. I can see that there is a rich diversity in the blogs I am reading and I am trying to leave some comment whereever I visit. Your blog is not like most of the blogs that I read on the Internet, and I like the style of what you are presenting here. I have started my own blog and website. TheVeryBest2You 13 12

    • Posted March 30, 2012 at 1:20 pm | Permalink

      Thank you very much for the kind words and good luck to you in your own ventures!

  4. Anonymous
    Posted March 30, 2012 at 9:31 am | Permalink

    I wish to express some thanks to you for bailing me out of this matter. Just after checking through the the web and getting tricks which were not beneficial, I thought my life was well over. Being alive without the presence of answers to the issues you’ve solved as a result of your entire posting is a crucial case, and the ones which could have in a negative way damaged my career if I hadn’t noticed your site. Your primary mastery and kindness in maneuvering almost everything was very helpful. I am not sure what I would’ve done if I had not encountered such a subject like this. I can also at this moment look ahead to my future. Thanks for your time so much for this specialized and result oriented guide. I will not think twice to propose your web site to anyone who needs to have tips on this topic.

  5. a vitamin
    Posted March 31, 2012 at 4:37 am | Permalink

    salutations from across the world. Great blog I will return for more.

    • Posted April 2, 2012 at 6:50 pm | Permalink

      Thank you for taking the time to read my blog and leave a comment.

  6. Heidy Messervy
    Posted April 2, 2012 at 5:35 pm | Permalink

    Thanks for the info.

    • Posted April 2, 2012 at 6:47 pm | Permalink

      Thank you for taking the time to read my blog and leave a comment. It is greatly appreciated.

  7. Victoria Shird
    Posted April 3, 2012 at 6:17 am | Permalink

    I got what you intend, appreciate it for posting .Woh I am delighted to find this website through google. “I was walking down the street wearing glasses when the prescription ran out.” by Steven Wright.

  8. Hot Carl
    Posted April 4, 2012 at 6:21 pm | Permalink

    I have fun with, cause I discovered just what I was looking for. You have ended my 4 day lengthy hunt! God Bless you man. Have a great day. Bye

    • Posted April 5, 2012 at 6:22 pm | Permalink

      Glad I could be of help. Thank you for visiting my blog. I hope you have a great day as well.

  9. kids bed sheets
    Posted April 6, 2012 at 3:50 am | Permalink

    Hi there! Quick question that’s entirely off topic. Do you know how to make your site mobile friendly? My web site looks weird when viewing from my apple iphone. I’m trying to find a template or plugin that might be able to correct this issue. If you have any suggestions, please share. With thanks!

  10. fruit mocking party
    Posted April 8, 2012 at 4:03 am | Permalink

    I just added this site to my feed reader, excellent stuff. Cannot get enough!

  11. playstation move review
    Posted April 9, 2012 at 4:22 pm | Permalink

    Thanks for an unbelievable publish, would examine your others reviews. many thanks for your ideas within this, I felt somewhat thump by this post. Many thanks again! You make a great moment. Has wonderful facts here. I feel that if more individuals consideration for it like this, they’d have got a better moment in time get the hold ofing the situation.

  12. Judi Maslanka
    Posted April 12, 2012 at 4:49 am | Permalink

    I found your blog website on google and test a couple of of your early posts. Continue to maintain up the superb operate. I just extra up your RSS feed to my MSN News Reader. Seeking forward to reading extra from you in a while!…

  13. Learn About House Window Tinting
    Posted April 13, 2012 at 11:15 pm | Permalink

    Hi there, I found your blog by way of Google whilst searching for a similar subject, your website came up, it seems good. I have added to favourites|added to bookmarks.

  14. cytotec
    Posted April 14, 2012 at 10:28 am | Permalink

    It is very valuable information

  15. xbox 360 60gb
    Posted April 17, 2012 at 1:45 pm | Permalink

    Observed your write-up really intriguing indeed. I truly liked browsing it therefore you make very some superior factors. I will bookmark this site for your future! Relly terrific write-up.

  16. Ilda Hollo
    Posted April 17, 2012 at 11:57 pm | Permalink

    It’s laborious to search out educated individuals on this subject, but you sound like you already know what you’re talking about! Thanks

    • Posted April 18, 2012 at 4:41 pm | Permalink

      It takes great time, patience, and study but I find it all worth it in the end. Thank you for taking the time to read my blog.

  17. xbox 360 kinect games list
    Posted April 18, 2012 at 1:37 am | Permalink

    Found your content very appealing indeed. I truly really enjoyed reading through it so you make very some good points. I will bookmark this site for that potential! Relly terrific content.

  18. San Antonio Attorney
    Posted April 19, 2012 at 10:56 am | Permalink

    From the article I can tell you know what your talking about. Thank you for sharing this quality information. Please post some other articles on the same topic.

  19. Posted May 27, 2012 at 2:03 am | Permalink

    Hello.This post was really interesting, especially since I was investigating for thoughts on this matter last Monday.

One Trackback

  1. [...] Florida Power of Attorney [...]

Post a Reply to playstation move review

Your email is kept private. Required fields are marked *


You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

WP Socializer Aakash Web