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A Florida power of attorney is a legal form that acts as the authorization for an individual, known as the agent or attorney-in-fact, to make financial decisions, healthcare decisions, guardianship decisions, or estate decisions on behalf of the person granting this authority. A Florida POA is a useful tool often used during the estate planning process. Yet, there are other instances where a POA is a useful tool.
Quick Reference:
The person granting permission is referred to as the principal, donor, or grantor.
The person receiving authorization is known as the agent or the attorney-in-fact.
A Florida power of attorney is a form that is in accordance with Florida’s state laws. While the power of attorney form does not need to be submitted to the court entity, it does, however, need to be written to comply with Florida’s statutes to be legally recognized by third party entities. While Florida statutes are lengthy, a few highlighted requirements are listed below:
Additionally, the Florida Bar offers an online consumer pamphlet that provides the requirements in plain English.
Additionally, the principal may specify which powers the agent has or doesn’t have. They may also revoke the power of attorney.
Finally, a non-durable power of attorney terminates when:
There are many reasons why someone would use a Florida power of attorney form to give another person the ability to make decisions related to their tangible personal property, financial transactions, financial institution transactions, tax matters, or their well-being. Some of those reasons include:
Each person’s power of attorney needs may vary. Thankfully, there are several types of power of attorney documents. Before you decide to get a power of attorney, you should seek legal advice. Ask about the best POA to suit your needs and how to revoke a power of attorney if it becomes necessary. Here are a few of the most common.
General Power of Attorney
According to the Florida Bar's consumer website, a general power of attorney must include specific instructions on what the agent may and may not do on behalf of the principal.
Durable Power of Attorney
A durable power of attorney is an "extended version" of a general power of attorney because it goes beyond the parameters of a general power of attorney.
Limited Power of Attorney
A limited power of attorney has limited power to whatever the principal specifies.
Medical Power of Attorney
A medical power of attorney is also known as a Designation of a Healthcare Surrogate. It is not the same as a living will.
Parent Power of Attorney
A parent power of attorney allows a parent or guardian to grant decision-making rights over their minor child (under 18 years of age) to a temporary guardian if the parent or guardian may not be present during a medical emergency.
Real Estate Power of Attorney
A real estate power of attorney allows the principal to designate an agent to buy, sell, or manage real estate on their behalf.
Tax Power of Attorney
Initiated by Form DR-835, this tax power of attorney form allows a capable individual, generally an accountant, to handle all tax preparation and submission needs on the principal’s behalf.
Vehicle Power of Attorney
A vehicle power of attorney, (Form HSMV 82053), grants the agent the ability to handle all documents relating to the title and registration of the principal’s vehicle, mobile home, or boat.
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