Florida Living Will Rules
A durable power of attorney is a legal document that designates a person to act on behalf of the principal in his or her name even if the principal becomes incapacitated. The person who is granting the authority to someone else to act in his or her behalf is called the “principal.” The person designated to act on behalf of the principal is called the “attorney-in-fact.” In Florida, an attorney-in-fact can be any person who is at least eighteen years of age and is of sound mind. A qualifying financial institution or not-for-profit corporation can also be named as the principal’s attorney-in-fact.
Florida rules require the durable power of attorney form to be signed by the principal who is granting powers to his or her attorney-in-fact. The document is also required to be signed by two adult witnesses and notarized by a notary public in the same manner a deed must be acknowledged in the State of Florida.
Florida rules also require the document to include the statement “This durable power of attorney is not affected by subsequent incapacity of the principal” or similar wording to show that the principal meant for the attorney-in-fact to still be able to act on behalf of the principal in his or her name even if the principal should later become incapacitated.
The attorney-in-fact may act on behalf of the principal in his or her name immediately after the document is signed, witnessed and acknowledged. The attorney-in-fact may continue to act on behalf of the principal in his or her name until the principal dies or the document is revoked by the principal.
If the principal becomes incapacitated and someone else legally requested the court to determine the principal’s incapacity, the attorney-in-fact’s authority to continue to act on behalf of the principal would be suspended until the court made a final determination or if the request is dismissed or withdrawn.
A Florida durable power of attorney form cannot give the attorney-in-fact the authority to vote or sign a Last Will and Testament form on behalf of the principal.
This article was brought to you by Richie Hill on behalf of Legal Forms Bank.biz, a provider of low cost legal forms. You can download your state’s power of attorney form at their website, fill in the blanks on your PC, and print it out. It’s that simple!
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