Florida Durable Power of Attorney
A Power of Attorney is a legal document that gives someone the authority to act on another person’s behalf. The person granting the authority to have someone act on that person’s behalf is known as the principal. The person to whom authority is granted to act on another’s behalf is called an agent. Under Florida law on Powers of Attorney, the agent’s power to act on the principal’s behalf is terminated if the principal dies, revokes the power of attorney, or becomes incapacitated, or if the purpose of the Power of Attorney is completed or its term expires.In order to qualify as an agent, a person must be 18 years of age or older. A financial institution, such as a bank, may also act as an agent if it has trust powers, has a place of business in Florida and is authorized to conduct business here. A Florida Power of Attorney must contain the principal’s notarized signature and the signatures of two witnesses.
If the principal does not want the Power of Attorney to terminate if he/she becomes incapacitated, the principal should execute a durable Power of Attorney. This allows the authority granted to an agent to survive the principal’s incapacitation. A Florida Power of Attorney is durable if it contains certain words indicating the principal’s intent that the authority conferred is exercisable notwithstanding the principal’s subsequent incapacity.
Contact a Miami Family Law Attorney at Vari Law
Our Miami lawyers will assist you in assigning a person to act on your behalf via a Power of Attorney. Contact our team at 305-222-7351, or e-mail us to schedule an appointment to discuss the drafting of your Dade County, Broward County, or Monroe County will. Our Miami will & trust lawyers accept family law cases in Miami-Dade County, Broward County and Monroe County.
Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Ocean Drive in Miami Beach, Miracle Mile in Coral Gables, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.