My Info Blog

Florida’s New Durable Power of Attorney Law

This summer, the Florida Legislature revised the state’s power of legal professional law in several significant respects. The Legislature intended to model Florida’s law on the Work of 2006, that this Standard Law Commissioners drafted to enhance the usefulness of and reduce its mistreatment.

The alterations include the forbidance of executing a “springing”. A “springing” power of legal professional does not become effective when you implement it; it goes into effect when a selected event occurs, usually the principal’s incapacity. These capabilities can be problematic because whether someone is disabled will not often be a clear determination. Obviously, when a person is in a coma, then he is incapacitated. If someone has a stroke and has lost almost all of his speaking ability, but can still think clearly, is this individual incapacitated? Although you can draft just what qualifies as “incapacitated”, this issue can complicate a decision that needs to be made quickly on your account while you are in an emergency.

The new law also acknowledges that the agent is a fiduciary entrusted to maintain various legal duties that the principal might not exactly alter or remove. These tasks include the duty to act in the best interests, to keep information of all receipts and transactions made on the principal’s behalf, to protect the estate plan, to act in good beliefs, to act in line with the principal’s reasonable expectations, and an obligation to inventory the contents of the principal’s safety deposit box each time the agent has access to it. Establishing these tasks will help reduce fraudulence and theft by looking into making the agent understand what legislation expects of him through enabling others to study his activity more easily. Chula Vista Attorney

The legislation also requires that agents only have got the authority to implement specific activities explained in the agreement, rather than having broad, general obligations. Here, this measure could prevent fraud by barring the agent from participating in several of activities that the main might not think to prohibit specifically with the legal record. Potentially, he would not have to consider what to prohibit, he only needs to grant areas he or she desires the agent to exercise. For example, if the document does not specifically state that the agent may access the principal’s checking accounts or draw from the principal’s funds as needed for another target, then the agent is forbidden from accessing the accounts. 

Although these changes will likely protect principals’ from fraud and fraud, they may drive up costs if the parties have to hire legal professionals to help them draft the power of legal professional contract effectively. Further, principals will not be able to execute the documents as quickly and as easily, and financial institutions could take longer to recognize or reject them, both of which could trouble an important transaction. Finally, if the bank hired another professional to help it determine whether to acknowledge, it would pass the expense of this to the principal.

Post a Comment

Your email is kept private. Required fields are marked *