Florida Durable Power Of Attorney Form Florida Bar

Florida durable power of attorney form represents a way in which an individual or principal can have someone act for them with regard to their finances and other areas of life the durable type of poa stays in effect even if the principal ends up in a situation where he or she cannot think or act or communicate.

Florida durable power of attorney form florida bar.

The florida durable power of attorney form is used by a person seeking to choose someone else to handle financial transactions on their behalf this is common for senior citizens that elect family members to handle their banking taxes and real estate. Neither the supreme court of florida nor the florida bar expresses an opinion as to whether the forms comport with. To improve viewing of these files download the latest version of adobe acrobat adobe acrobat reader dc which is available for free at the adobe website. The powers granted by this document are broad and sweeping.

The florida general power of attorney form allows for the same rights for an agent as the durable which is to act in the principal s best interest for any financial matter legal within the state. This durable power of attorney is not affected by subsequent incapacity of the principal except as provided in 709 08 florida statutes. They are explained in the uniform statutory form power of attorney act. The florida bar makes no representation whatsoever about the form s usability or validity.

Alzheimer s disease dementia. Many people use this type of form when they know they are going to be away or they want to plan for a time when they may be incapacitated. Recently the law was amended to permit springing durable powers of attorney which should further enhance the use of these instruments. The forms included on the florida agency for health care administration s health care advance directives website scroll down to find the downloadable forms have been approved by the supreme court of florida.

Living wills health care surrogates and advanced directives. Your unreasonable refusal to allow the attorney in fact to act pursuant to this document may subject you to liability for damages and costs including attorneys fees pursuant to florida statute section. Durable powers of attorney have become increasingly important instruments in estate and medicaid planning in recent years particularly since the substantial revision to the law made in 1995. Frequently requested forms and applications.

The difference lies in the fact that the general form does not remain valid if the principal loses decisional capacity. Many of the forms and applications are available in portable document format pdf. At such a point the. The term durable refers to the document remaining valid if the principal should become incapacitated ex.

A power of attorney terminates if the principal becomes incapacitated unless it is a special kind of power of attorney known as a durable power of attorney a durable power of attorney remains effective even if a person becomes incapacitated.