Florida Durable Power of Attorney Form

In the United States, there are various legal laws and regulations under which people may fill out official documents, including DPA.

A power of attorney is an official document with legal force that gives one person the right to act and make decisions on behalf of another. In this case, when filling out this document, the participants are indicated: the principal and the agent (the actual attorney) who performs several legal powers. As a rule, such forms reflect the relationship between the principal and the agent. The principal appoints a person whom he trusts very much as the actual attorney.

There are several types of power of attorney that have specific rules for filling out in Florida. The most common variant is a durable power of attorney. If this form is long-lasting, the agent’s functions are indefinite.

Even if the principal becomes incapacitated, these powers remain. As for the format of filling out the form, the main requirement is a PDF format or a Word document.

Florida DPOA Signing Requirements and Laws

Almost all legal documents act by specific legislative acts and laws. The Florida long-term power of attorney is no exception to the rule.

The principal should treat the choice of a trustee carefully and responsibly since the agent will manage the assets and have access to financial affairs. According to the current Florida Law of 1997 (Section XL, Chapter 709, Part II), the term “durable” means the continuation of the attorney even in the event of the principal’s incapacity. In general, this document never loses its validity, except for some points also mentioned in this chapter.

Secondly, this Florida Law of 1997 contains comprehensive information about the validity of a long-term power of attorney, the agent’s functions, the rights and obligations of the two parties. Indeed, the document issued on October 1, 2011, according to all the requirements of Article 709.2105, is valid. Moreover, even if you filled out a power of attorney in another state and at the same time it corresponded to the state legislation at that time, such a document will be valid.

To the point

When filling out this form, also review all the requirements in advance. To avoid revocation of the document, study the Florida Law from 1997, where all the demands are listed.

Here are some of them:

• Mandatory signature of two parties and two witnesses
• Notarization of the document
• Specifying the name of the principal and the name of the agent
• Date of registration of the document
• Inclusion of all functions and powers of the principal
• Indication of the obligations and rights of the parties
• The agent must be at the age of 18 years
• A financial institution designated as an agent must be authorized to conduct business in Florida

It is the main list of requirements for a Florida durable power of attorney. If you follow all the recommendations, you will quickly approve the document without any difficulties.

What Powers Can an Agent Obtain Under a DPOA in Florida

Firstly, the agent may exercise authority for shares or similar documents. The function to register any shares, bonds, or other securities is directly related to this area. The agent may transfer or mortgage the estate property. This area affects almost all issues of real estate and personal property. Finally, the powers include all legal matters, insurance, and purchase and sale issues.

However, there are also several limitations. Check out this list:

• An agent cannot perform duties under a contract that requires the implementation of personal services of the principal
• The agent cannot give written testimony under oath
• The agent cannot vote in the election on behalf of the principal
• The agent cannot revoke the Last Will

All rights, obligations, and powers become effective only with the mutual consent of the parties (the principal and the agent). The Florida Law of 1997 (Sensation XL, Chapter 709, Part II, 709.2114) even determines the judicial procedure for resolving conflicts of interest. In case of abuse of authority, the court may review the agent’s behavior, revoke his powers or provide other protective measures. The principals have the right to revoke the power of attorney if they suspect the agents of abuse of functions.

When a Florida DPOA Can Lose Its Power

Not all legal documents may have indefinite effectiveness. The same applies to the Florida DPOA. For example, if the principal dies or cancels the form, it becomes invalid.

It can include such situations as:

• Agent’s death
• Conflict of interest
• Initiation of legal proceedings

All these situations should be taken into account when submitting and filling out a power of attorney. In case of disputes, contact the court to resolve disputes. As for the revocation of the form, the principal must act by the laws together with a third party.

After filling out the form, give a copy of the DPOA to your agent and put the original document in a safe place. If necessary, you may also send a copy of the form to your family members.