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Florida Affidavit of Principal that Power of Attorney not Revoked and in Full Force with Witnesses

State:
Multi-State
Control #:
US-P098AB
Format:
Word; 
Rich Text
Instant download

Description

This affidavit is for a Principal to certify that the power of attorney has not been revoked and remains in full force. Only for use in Florida, Michigan, Ohio, South Carolina or Vermont.

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FAQ

Two Witnesses should sign and attest the deed at the end of the document. The Special Power of Attorney deed can be attested by a Notary Public with the seal and signature if it is not involving any immovable property.

Witnessing the attorney's signature on a power of attorney Here are the rules on who can witness a lasting power of attorney this time: The witness must be over 18. The same witness can watch all attorneys and replacements sign. Attorneys and replacements can all witness each other signing.

Can the Notary serve as a witness? The Notary can serve as one of the witnesses. It's important to note that Floridians are being warned that if the procedures established by the new law are not followed, the powers of attorney that don't comply will be invalid.

Does a power of attorney need witnesses or a notary? A power of attorney must be signed by the principal, by two witnesses to the principal's signature, and a notary must acknowledge the principal's signature for the power of attorney to be properly executed and valid under Florida law.

A: Yes, family members can witness a power of attorney.

A power of attorney must be signed by the principal, by two witnesses to the principal's signature, and a notary must acknowledge the principal's signature for the power of attorney to be properly executed and valid under Florida law.

(1) A court may construe or enforce a power of attorney, review the agent's conduct, terminate the agent's authority, remove the agent, and grant other appropriate relief. (2) The following persons may petition the court: (a) The principal or the agent, including any nominated successor agent.

Execution Requirements In order to be effective, a Florida power of attorney must be signed by the principal and by two witnesses, and be notarized. In the event the principal is physically unable to sign, the notary public may sign the principal's name on the document.

Generally, a notary public may sign as one of the witnesses and as the notary public on a document. In fact, it is a common practice among Florida notaries, particularly on real estate transactions.

More info

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Florida Affidavit of Principal that Power of Attorney not Revoked and in Full Force with Witnesses