Florida Durable Power Of Attorney: Fill & Download for Free

There are different types of power of attorney document. If the power of attorney document is properly drafted, executed, witnessed and notarized, and it empowers the agent (also called “attorney-in-fact”) to conduct banking transaction on behalf of the principal (a company officer or other individual authorized to handle banking transactions), then there shouldn’t be a problem.However, banks can reject a power of attorney and, in Florida, there is a statutory procedure in place to enforce a properly drafted POA.Can a Bank Reject my Durable Power of Attorney?

To begin your review of the relevant law, you might start by looking at Article IV, Section 1 of the United States Constitution, known as the "Full Faith and Credit Clause."Full Faith and Credit Clause - Wikipedia

A regular power of attorney expires upon the signor’s incapacitation. A durable power of attorney continues upon a patient being deemed incapacitated and is one of several essential incapacity planning documents. But elder law and Medicaid planning go one step further with an Enhanced General Durable Power of Attorney. Planning for incapacity requires much more authority than what general estate planning attorneys usually provide for in their forms. This is one of the largest differences between estate planning attorneys and elder law attorneys and Medicaid planning lawyers. Medicaid planning lawyers or elder law attorneys are primarily focused on our client’s lifetime needs, while also considering what happens to our client’s assets after they pass and how best to protect their spouse and/or heirs. It is important to emphasize that I am not casting dispersions on estate planning attorneys. What they draft accomplishes the goals for which they were retained. But when a client comes to an elder-law or Medicaid-planning attorney, these documents will often need to be amended to accomplish a different set of goals: mainly to address some very specific lifetime needs related to health care costs, Medicaid qualification, VA benefits and the ability to conduct transactions that will allow someone who is incapacitated to obtain those benefits.Think of Power of Attorney as a voluntary delegation of rights, as opposed to an involuntary delegation of rights that come with the guardianship process. Power is the operative word. We want to provide you or your loved one with the power to choose the person or people who can make decisions when you or your loved one cannot make decisions for you/him/herself. It is important to remember that the person signing the power of attorney is not giving away control – that person is simply delegating rights to another person.Risks with a Florida Durable Power of AttorneyPower of Attorney Risks (click to see video)Watch Out For This Nursing Home Trick: Agents and Principal walk into a nursing home. Nursing home admissions put stacks of paper in front of agent who signs all of them - including a form that includes guarantee of payment language. Power-of-attorney law specifically states that the agent/attorney-in-fact is not liable personally for signing on behalf of principal. But, the agent needs to be careful that, when signing documents (especially those guaranteeing payment to a nursing home) that they sign and indicate on the actual signature line that they are signing as agent or attorney in fact.Our enhanced durable power of attorney documents makes sure to indicate that agent is only able to sign in a representative capacity.Different Types of Power of AttorneyDurable Power of AttorneyThis is the type of power of attorney necessary for incapacity planning because it is the only type of power of attorney that does not end upon the grantor (principal) becoming incapacitated. Not all durable powers of attorney are created equally, the law requires certain powers to be very specifically spelled out, otherwise, 3rd parties may not accept them. This is why it is very important to speak with a medicaid-planning lawyer or elder law attorney, who has experience crafting the types of powers an elder wishes a trusted family member or professional to be able to carry out upon their becoming incapacitated. This ensures that their wishes are met and that the agent is not hamstringed by the very document that is supposed to empower.Springing Power of AttorneyIn 2011, the Florida legislature made springing powers of attorney illegal. (a springing power of attorney is one that becomes usable only upon the principal becoming incapacitated).So, in Florida, all powers of attorney become effective immediately after they are signed with the proper formalities (signed by the principal, with two witnesses) in front of a notary.Limited Power of AttorneyThis is usually reserved for single use purposes (sometimes referred to as a "special power of attorney"). When you trade in a car, you will sign a limited power of attorney that the dealership will use to interact with the state and transfer title to the car in your stead. When you buy or sell a home you may give your lawyer a limited power of attorney to sign only the particular real estate documents in your name. A limited power of attorney might be used to let one person made deposits or withdrawals from one particular bank account, they can be tailored almost infinitely. Limited powers of attorney will usually expire once the single transaction has occurred or upon a certain date. These are not suitable for elder law purposes as there are often many different transactions that need to be done either prior to or after the elder becomes incapacitated.General Power of AttorneyThis type of power of attorney provides the agent, or attorney-in-fact, to conduct a broad array of legal acts on behalf of the principal. However, those acts must still be specifically listed in the power of attorney document. In this way, the name "general power of attorney" is a bit of a misnomer. It is usually not useful for elder law and medicaid planning attorney purposes as the types of transactions necessary for medicaid planning will not be included in most general power of attorney forms. In addition, any power of attorney that is not "durable" will become invalid upon the principal becoming incapacitated.Health Care Power of AttorneyAppoint an agent to make health care decisions for you, if you are unable to do so yourself. Healthcare power of attorney is discussed in more detail here.Florida Durable Power of Attorney