Search Results: POA

In Florida, all you ever wanted to know, just about, of powers of attorney is contained in Chapter 709 of Florida Statutes.   Florida probate attorneys know that this chapter was “re-created” last year and that this past legislative session saw some slight changes to the POA statute.   Now, there are so-called “super powers” which a client may, or may not, grant to his or her attorney in fact.  Since a power of attorney in Florida is a fiduciary relationship, estate and trust attorneys, and guardianship attorneys, know that a fiduciary is prohibited from “self dealing.” 

Florida has a number of retirees, and its elder community is large.  As we live longer as a society, there is a great likelihood that we will become incapacitated, or incompetent, before we pass away.  When that happens, documents like powers of attorney, living wills, health care proxies, and other “health care” documents which designate someone to make medical or health care decisions can become very important. When those documents are not present, it may be necessary to have a guardianship.  (Admittedly, even when you do have POAs and health care docs, families “fight” over who will make personal and financial decisions for someone.) 

A valid Florida power of attorney must be recognized, or accepted, by third parties.  Chapter 709 of Florida’s statutes deals  with powers of attorney and tells us what third parties should do when presented with a valid Florida power of attorney.  Failure to recognize a valid power of attorney may be frivolous and fees may be awarded against a third party that fails to honor the POA without contesting the validity of it.  See the (not final) case of Maximiliana Albelo v. Southern Oak Ins. Co from the January term of Florida’s 3rd District Court of Appeal, opinion filed February 6, 2013.

At the end of May, 2013, Florida Governor Rick Scott signed a new law which makes certain changes to Florida’s power of attorney statutes, which is contained in Chapter 709  of the Florida Statutes.  Among other things, the changes for Florida powers of attorney expand on how third parties (e.g. brokers) may deal with POAs and how attorneys fees may be awarded in disputes involving POAs.