Virgin Islands Sample Letter regarding Durable Power of Attorney
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How to fill out Sample Letter Regarding Durable Power Of Attorney?
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FAQ
The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the ?durable? power of attorney continues to be effective despite your subsequent disability.
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.
A durable power of attorney contains a ?durability clause,? which is a provision permitting your designated attorney-in-fact to act on your behalf in the event you are unable to handle your affairs. A general power of attorney permits your attorney-in-fact to act on your behalf in all of your personal affairs.
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.
Laws. Florida power of attorney forms can be made durable by including either the following statement or similar language: ?This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes.? Statute: Florida Stat.
In Florida, you don't have to hire a lawyer to create your power of attorney ? you can do it yourself, saving you time and money. As long as you follow Florida's requirements, any POA you create is just as legal as one drafted by a lawyer.
31, § 4421a. A durable power of attorney is an instrument made by public deed for the administration of property and for any other matter, expressly containing a provision establishing that the same shall become valid and remain effective even after the principal becomes or is adjudicated incapacitated by a court.
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.
