Florida General Power of Attorney

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Multi-State
Control #:
US-04099BG
Format:
Word; 
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Description

Agency is a relationship based on an agreement authorizing one person, the agent, to act for another, the principal. For example an agent may negotiate and make contracts with third persons on behalf of the principal. Actions of an agent can obligate the principal to third persons. Actions of an agent may also give a principal rights against third persons.


An agency can be created for the purpose of doing almost any act the principal could do. However, there are some acts that must be done in person and cannot be done by an agent. Examples would be: testifying in court for another individual, making a will, and voting.


A general agent is authorized by the principal to transact all the affairs of a particular kind of business. For example, a person appointed as manager of a store is a general agent.


A special agent is authorized by the principal to handle a particular business transaction or perform a specific act. For example, a specific power of attorney appointing an agent (attorney-in-fact) to sell a particular piece of real estate or a certain car would be the appointment of a special agent.


A universal agent is authorized by the principal to do any act that can be delegated to a representative. An example would be giving a person a general power of attorney. This form is such a general power of attorney.

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FAQ

A durable power of attorney (DPOA) is one of your most important estate planning documents. It gives an individual (your attorney-in-fact) power to manage your legal and financial affairs. Here are some of the most common questions we hear about durable powers of attorney in Florida.

A power of attorney must be signed by the principal and two witnesses. For the document to be legally binding under Florida law, a notary must acknowledge the principal's signature. That being said, it is not possible to obtain a power of attorney when someone is no longer of sound mind.

Difference Between General And Special Power Of Attorney A General power of Attorney is very much different from a Special power of Attorney. The GPA always confers a general power of performing while the Special power of Attorney confers only a specific power to perform any particular act or task.

But as a general rule, a durable power of attorney does not have a fixed expiration date. Of course, as the principal, you are free to set an expiration date if that suits your particular needs. More commonly, if you want to terminate an agent's authority under a power of attorney, you are free to do so at any time.

Download and print power of attorney documents from a reputable source, preferably a State of Florida or local municipality website. Fill in the form. Identify two adults to act as witnesses. Find a notary and have both the agent and principal sign the form in front of them.

In the case of a durable power of attorney, the agent is generally authorized to act once you sign the document and can continue to act when and if you become incapacitated. The term "durable" refers to the document surviving the your incapacity.

According to Section 709.2105, in order for the power of attorney to be valid, you must sign the Florida power of attorney in the physical presence of two (2) witnesses and must be acknowledged by a notary.

The Power of Attorney registration process includes the following formalities:Drafting of the Power of attorney whether general or special, by a.Submitting the POA with the Sub-Registrar.Attaching the supporting documents with the POA.Attesting the POA before the Registrar.Attesting of the POA by 2 witnesses.

Here are the basic steps to help a parent or loved one make their power of attorney, and name you as their agent:Help the grantor decide which type of POA to create.Decide on a durable or non-durable POA.Discuss what authority the grantor wants to give the agent.Get the correct power of attorney form.More items...?

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Florida General Power of Attorney