fbpx
Durable Power of Attorney Florida

Florida Durable Power of Attorney

 

 

Please fill in the necessary details to generate a Durable Power of Attorney. After submitting the information, you will receive the documents for your review. The fee for this service is $30.00. The completed document will be sent in PDF format with the information you provided. This is the example of the form below.

 

 

On the ___ day of __________________, 20____ I, __________________, the
principal, of __________________, State of __________________, hereby designate
__________________, of __________________, State of __________________, my
attorney-in-fact (hereinafter my “attorney-in-fact”), to act as initialed below, in my name,
in my stead and for my benefit, hereby revoking any and all financial powers of attorney
I may have executed in the past.


Please provide the details for the position/title of the person you appoint as your Attorney-In-Fact.

 


POWERS OF ATTORNEY-IN-FACT


My attorney-in-fact shall exercise powers in my best interests and for my welfare as a
fiduciary.

My attorney-in-fact shall have the following powers:


(Choose the applicable power(s) by checking the appropriate boxes in the preceding space)

Please leave it blank or unchecked if you do not want to grant a specific fiduciary power.


AUTHORITY OF ATTORNEY-IN-FACT:

Any party dealing with my attorney-in-fact
hereunder may rely absolutely on the authority granted herein and need not look to the
application of any proceeds nor the authority of my attorney-in-fact as to any action
taken hereunder. In this regard, no person who may, in good faith, act in reliance upon
the representations of my attorney-in-fact or the authority granted hereunder shall incur
any liability to me or my estate as a result of such act. I hereby ratify and confirm
whatever my attorney-in-fact shall lawfully do under this instrument. My attorney-in-fact
is authorized as he or she deems necessary to bring an action in court so that this
instrument shall be given the full power and effect that I intend on by executing it.


LIABILITY OF ATTORNEY-IN-FACT: My attorney-in-fact shall not incur any liability to
me under this power except for a breach of fiduciary duty.


REIMBURSEMENT OF ATTORNEY-IN-FACT: My attorney-in-fact is entitled to
reimbursement for reasonable expenses incurred in exercising powers hereunder, and
to reasonable compensation for services provided as attorney-in-fact.


AMENDMENT AND REVOCATION: I can amend or revoke this power of attorney
through writing delivered to my attorney-in-fact. Any amendment or revocation is
ineffective as to a third party until such third party has notice of such revocation or
amendment.


Witnesses Power Of Attorney - Florida Law

Having witnesses for a durable power of attorney is important in Florida for several reasons:

  • It ensures that the power of attorney is properly executed and valid under Florida law. According to Section 709.2105, in order for a power of attorney to be valid, you must sign the Florida power of attorney in the physical presence of two (2) witnesses and must be acknowledged by a notary12. You must all sign in the presence of each other when executing the power of attorney.
  • It protects the principal from fraud, coercion, or undue influence. Having witnesses can help verify that the principal signed the power of attorney voluntarily and with full understanding of its consequences. Witnesses can also testify to the principal’s mental capacity and intention when signing the power of attorney.
    • It facilitates the acceptance and recognition of the power of attorney by third parties. Having witnesses can help prove the authenticity and validity of the power of attorney to banks, financial institutions, health care providers, and other entities that may require proof of the agent’s authority to act on behalf of the principal.
    •  

    The witnesses for a durable power of attorney in Florida cannot be any family members or anyone with financial interests to the principal because:

    • It avoids conflicts of interest and potential abuse of power. Having witnesses who are related or financially connected to the principal or the agent may raise questions about their impartiality and credibility. They may have ulterior motives or personal stakes in the principal’s affairs that could compromise their judgment or testimony.

en_USEN