There are certain rules that go along with estate planning. One of those has to do with creating a power of attorney in Florida. In order for the document to have any legitimate weight, the principal — or the one making the power of attorney — has to sign the document in front of two witnesses and a notary public, which could be one of the witnesses as well. If a Floridian creates a legal power of attorney outside the state, it does have bearing in Florida.
Rules changed in 2011 with the state’s Power of Attorney Act. The current law says that if more than one agent is named to act at the same time, each agent can do so independently unless the document specifies otherwise. If the principal files for divorce, the spouse’s authority per the power of attorney is terminated. Once a power of attorney is signed, it automatically goes into effect.
The authorities being granted in a power of attorney must be succinctly stated. As the law stands now, it is incumbent upon an acting authority to ensure to the best of his or her ability, that the principal’s wishes are carried out as he or she knows and understands them. An agent must adhere to what is written in the document.
A Florida estate planning attorney can answer any areas regarding a power of attorney that seem confusing or complicated. Whether a client is a principal or an agent of a power of attorney, a lawyer may be able to shed some light on what the law deems appropriate when it comes to this part of estate planning. It is better to be armed with the right information than to make avoidable mistakes.