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Misconception 1: Your Florida Power of Attorney Is Effective Only When You Are Incapacitated. In Florida, a DPOA is valid only if it grants the agent immediate power. In other words, once you have signed it, your agent has the power to transact business on your behalf.
In New Jersey, a durable power of attorney for finances is considered legally valid when it has been signed by the principal in the presence of a notary public. While not required by law, the document should also be signed by two witnesses who can attest to the sound mind of the principal at the time of signing.
In order to be effective, a Florida power of attorney must be signed by the principal and by two witnesses, and be notarized.
How to make a Florida power of attorney Decide which type of power of attorney to make. ... Decide who you want to be your agent. ... Decide what authority you want to give your agent. ... Get a power of attorney form. ... Complete the form, sign it, and have it notarized or witnessed.
The durable power of attorney can be made general or specific. in order to create a durable power of attorney the document must state that ?this durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in Chapter 709, Florida Statutes.