“Power of attorney” is a term heard quite frequently in the realm of estate planning and administration in Florida. But many do not know the exact meaning of the phrase.
Defining the term “Power of Attorney” under Florida law.
Palm Beach Guardianships and Power of Attorney (POAs): new Florida probate video on guardianship and power of attorney
Is mom or dad getting along in years and maybe they need some help with paying their bills or making decisions? Well, if you have thought that a guardianship may be appropriate, you may want to see a new Florida probate video available online, for free. Here is the link to the free Palm Beach guardianship video: https://www.youtube.com/watch?v=wpuJzWarbp0&feature=youtu.be Is a Palm Beach Guardianship of Your Parents Necessary? When do you know if a guardianship is appropriate for your mom or dad? After all, Palm Beach guardianships are NOT just for children or minors. Every day it seems, probate courts in Delray Beach to Palm Beach Gardens are charged with making important decisions about adults Sometimes, it’s not our decision whether there is a guardianship for mom or dad Often, a brother or sister files for guardianship Palm Beach and the issue is addressed at that time: they file a petition with the Probate Court West Palm Beach suggesting that mom or dad is not competent or incapacitated Sometimes, when mom or dad suffer from dementia or Alzheimer’s, the concern or the urgency to protect mom or dad, and their money, is increased Is a Florida Guardianship Necessary if Mom Had a POA? Is a Palm Beach guardianship needed if mom or dad had a Florida power of attorney? Ask any guardianship lawyer Palm Beach and they will tell you that a basic estate plan can do a lot more than just save “Florida inheritance tax” (US Estate Tax since Florida doesnt have […]
New Video on Florida Guardianships and Power of Attorney
Florida Probate Law has a brand new statute on Powers of Attorney.Guardianships and Palm Beach guardianship litigation is, perhaps sadly, an explosive, growing area of the law, with Probate Courts in Palm Beach Gardens, West Palm Beach and Delray Beach inundated with petitions for guardianships. And we are not talking about guardians of minors, we are talking about guardianships of adults, like your mom from Boca Raton or your dad who retired and is living in Lake Worth.
SONS SUE DAD’S COMPANION OVER BANK ACCOUNTS & FAMILY TRUST —- estate litigation over power of attorney, joint bank accounts and undue influence
This recent Arkansas probate litigation case shows you what type of probate litigation can erupt after one spouse loses another spouse and has a “friend” or “companion.” Trust lawsuits, changing bank accounts, buying condos, and powers of attorney are at the center of this inheritance lawsuit involving Dad’s companion, a trustee of his trust and 2 sons who are alledged to have taken a pay on death bank account— while dad was in hospice care. See, these probate lawsuits don’t occur just in Florida.
Florida Law on Durable Power of Attorney : Update and Recent Changes
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.
Florida Durable Powers of Attorney: What You Need to Know
What is a Florida Durable Power of Attorney? Why is it an important part of an estate plan Palm Beach? What are the benefits of having a Florida Power of Attorney?Do you understand the different between a durable power of attorney and a standard power of attorney? Chapter 709 of the Florida Statutes contains very important information regarding Durable Powers of Attorney and your Boca Raton estate.
#TEXAS COURT ENDS #LIFE SUPPORT FOR PREGNANT WOMAN – could #living wills and #healthcare powers of attorney help?
A Texas judge has ordered a hospital to take a pregnant woman who is brain-dead off life support. This marks the second time in two months that courts have intervened to make healthcare decisions for brain-dead persons. The other related story which made national news occurred last month when a brain-dead child was on life support in California.
ARE FLORIDA POWERS OF ATTORNEY A POWER TO STEAL?
Did someone you know use a Florida power of attorney to take someone’s assets or money? Was a Florida power of attorney mis-used, and were Palm Beach bank accounts, Miami brokerage accounts, and Aventura financial accounts re-titled or taken from you or someone you love?
Florida Powers of Attorney and Self Dealing–when the power holder goes too far
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 Powers of Attorney: Demand for Guardianship May be Frivolous
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.