Florida General Durable Power of Attorney Appointing Agent to Act For Principal Regarding All Property Matters

State:
Multi-State
Control #:
US-OG-191
Format:
Word; 
Rich Text
Instant download

Description

This form is used by a principal to appoint an agent and attorney in fact for all matters regarding property.

A Florida General Durable Power of Attorney Appointing Agent to Act For Principal Regarding All Property Matters is a legal document that grants authority to an appointed agent (also known as an attorney-in-fact or representative) to handle various property-related matters on behalf of the principal. This type of power of attorney is particularly useful when the principal becomes incapacitated or unable to manage their property affairs due to physical or mental incapacitation. The appointed agent, acting with the principal's best interests in mind, gains the authority to handle a broad range of property-related matters, including buying, selling, leasing, managing, refinancing, and maintaining real estate properties. Additionally, they may have the power to handle investment portfolios, bank accounts, business assets, mortgages, insurance policies, retirement accounts, and other similar property-related assets. The agent is expected to act diligently, responsibly, and ethically, making decisions that are in alignment with the principal's wishes or in their best interests. Different types of Florida General Durable Power of Attorney Appointing Agent to Act For Principal Regarding All Property Matters may exist, such as limited or specific types of power of attorney related to property matters. For instance, a principal may choose to create a limited power of attorney that only grants authority over specific properties or assets, restricting the agent's scope of power. Additionally, they may choose to create a durable power of attorney, which remains valid even if the principal becomes incapacitated. This is especially valuable as it ensures continuous management and protection of property matters during periods of incapacity. In summary, a Florida General Durable Power of Attorney Appointing Agent to Act For Principal Regarding All Property Matters is an essential legal tool that allows individuals to plan for the management and protection of their property assets if they become incapacitated. It grants an appointed agent broad authority to handle various property-related matters on behalf of the principal, ensuring their interests are safeguarded. Whether it is selling, buying, or managing properties, handling investments, or managing business assets, this power of attorney is a valuable legal document that provides peace of mind to both the principal and their loved ones.

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FAQ

2d 651, 653 (Fla. 3d DCA 1977). An agent cannot make a gift of his principal's property to himself or others unless it is expressly authorized in the power.

To have a durable power of attorney, you should include the following words or something similar to show the intent to make the document ?durable?: ?This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes.? See Florida Statute § ...

The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.

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.

Many people think that as agents they are able to transfer property to their names in order to avoid probate. However, unless you give initial the power to make gifts, the agents will not be able to freely dispose of any property.

Limitations of a Power of Attorney in Florida 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.

Someone who has financial power of attorney to manage your property cannot legally transfer money to themselves or their own accounts from yours without written consent for a specific purpose.

Yes. If the power of attorney has been executed with the formalities of a deed and authorizes the sale of the principal's homestead, the agent may sell it.

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Florida General Durable Power of Attorney Appointing Agent to Act For Principal Regarding All Property Matters