NEW FLORIDA POWER OF ATTORNEY

A new Florida Durable Power of Attorney statute went into effect on October 1, 2011. The Act applies to all powers of attorney, regardless of the date the powers were created. I will provide you with some details of the significant provisions in the new Statute in this post and future posts.

Protection of the person granting the power (the principal) is foremost in the minds of the legislators. They recognized that it is desirable to make available to the citizens of Florida a system that provides incapacitated persons the least restrictive alternatives to ensure their physical health and safety, protect their rights and manage their financial resources, while providing protection to the principal and clear guidance to the agent (the person to whom the power is given).

In doing so they designated certain powers that may be exercised by an agent only upon the specific signed authority by the principal. Those powers have been designated Super Powers. Each grant of authority must be signed or initialed by the principal on the document itself at the location of that power. Included in these powers is the authority to create a trust; to modify, revoke or terminate an existing trust; to change rights of survivorship; to change a beneficiary; to waive any rights of the principal to an annuity or survivor benefit under a retirement plan. An agent may make gifts of principal’s property under certain conditions that insure the principal’s decision to authorize gifts is a knowing and informed one. The Act also clarifies an agent’s duty to maintain a principal’s estate plan and the liability an agent incurs for not doing so.

I have removed the old DPOA from my website. I left the Health Care Surrogate and Living Will documents in place. If those documents coincide with your values, then they still can be used by you providing the signing instructions are followed. All Advance Directives need to follow your values and religious beliefs as well as be valid under Florida law and should always be drafted by a qualified Florida attorney. Due to the many choices an individual needs to make in the new Durable Power of Attorney as of October 1, 2011, I feel it is important this document be drafted by a qualified Florida attorney. I do not plan to put the new DPOA on my website.