Lawyer For Power of Attorney in Florida

To avoid misuse of power by the attorney-in-fact, the Florida legislature has enacted specific limitations on what the attorney-in-fact can do when there is an incapacitated principal and placed certain requirements before a Power of Attorney will be recognized as durable (Florida Statute §709.08):

• The durable power of attorney must be in writing;
• Must be executed with the same formalities required for the conveyance of real property by Florida law; and
• Must contain the words: "This durable power of attorney is not affected by subsequent incapacity of the principal except as provided in s. 709.08, Florida Statutes" or similar words that show the principal's intent that the authority conferred is exercisable notwithstanding the principal's subsequent incapacity.

Additionally, if the durable power of attorney is conditioned upon the principal's lack of capacity to manage property, then the durable power of attorney is exercisable only upon the delivery of certain statutorily specified affidavits to the third party (Florida Statute §709.08).

General Power of Attorney

A General Power of Attorney usually includes a list of the actions the attorney-in-fact is authorized to perform on behalf of the principal, and absent this restriction leaves the attorney-in- fact to his/her own discretion to perform any legal act on behalf of the principal that pertains to this designated list of allowed activities.

Limited Power of Attorney

A Limited Power of Attorney defines a specific task or action that the attorney-in-fact is authorized to conduct on behalf of the principal. For example, a limited power of attorney may authorize the attorney-in-fact to sell the principal’s boat, and absent that limitation, the attorney-in-fact is given all power (incur expenses in the principal’s name, make promises on the principal’s behalf, etc.) to accomplish this task.

All Powers of Attorney cease to be valid immediately upon the death of the principal.

Limitations of a Power of Attorney in Florida

While a power of attorney can have broad applications, there are certain limitations to the power an agent possesses. The POA agent cannot change the agreement or break their fiduciary duty, otherwise they can be held liable for fraud and negligence. The agent also cannot transfer the POA to another individual or make decisions for the principal after death.

If you have any questions about a power of attorney, or if you are dealing with power of attorney abuse, contact our legal team at Adrian Philip Thomas, P.A. for help.

Who Has Power of Attorney After Death If There Is No Will?

In Florida, the power of attorney ends when the person who granted it (the principal/grantor) dies. This is a standard rule that applies throughout the United States. A power of attorney, even if it's durable, only remains effective during the principal's lifetime and cannot extend beyond that. After death, the control of the deceased person's estate is governed by probate law rather than the power of attorney document.

When a person dies without a will in Florida, the distribution of their estate is determined by the state's intestate statutes. Generally, the closest relatives of the deceased are given priority in terms of inheritance. The surviving spouse is frequently given first priority, and may be appointed by a court as the personal representative, a duty similar to that of an executor. In cases where there is no surviving spouse, the responsibility can fall to other close relatives such as adult children, parents, or siblings, depending on the specific circumstances.

If you find yourself in a situation involving the death of a loved one and power of attorney without a will, be sure to consult with an experienced Florida POA attorney at Adrian Philip Thomas, P.A..

Read Our Blogs on Power of Attorney

Read more about a Florida POA on our blog:

• Abuse of Power of Attorney
• Power of Attorney
• Do I Need a Power of Attorney?

If you have comments or questions regarding how a lawyer experienced in dealing with powers of attorney at Adrian Philip Thomas, P.A. might be of assistance in your particular case, please feel free to contact the firm’s officeto schedule a free initial consultation with one of our Florida power of attorney lawyers.