The general power of attorney gives the agent broader powers to perform any legal act on behalf of the principle. Most powers of attorney are long-lasting, that is. A “general power of attorney” generally gives the agent very broad powers to perform any legal act on behalf of the principal. A specific list of the types of activities that the agent is authorized to perform should be included in the document.
A power of attorney may be used to give another person the right to sell a car, house, or other property. A power of attorney can be used to allow another person to access bank accounts, sign a contract, make healthcare decisions, handle financial transactions, or sign legal documents for the principal. A power of attorney can give others the right to perform almost any legal act that the creator of the power of attorney may do, including the ability to create trusts and make donations. The agent should carefully review the power of attorney document to determine which authority granted the principal.
If the power of attorney was properly executed under the laws of the other state, then it may be used in Florida, but its use will be subject to the Florida Power of Attorney Act and other state laws. After I was hired, I faxed some materials to the branch of the local bank that had refused the POA (cover letter, copy of the Florida Power of Attorney Act, with a certain section highlighted, and the previously rejected power of attorney document). Financial power of attorney requirements in Florida are found in the Florida Power of Attorney Act, which begins with Section 709.2101 of the Florida Statutes. For example, a person may use a limited power of attorney to sell a home in another state by delegating authority to another person to handle the transaction locally through a “limited power of attorney.” If you created a POA before this time, it's still valid, but you may want to consult with an attorney if you need to make any changes to your POA.
It is likely that the senior law or estate planning lawyer gave you a stack of documents, or perhaps placed them in a very official and important folder. About Power of AttorneyPowers and Duties of an Agent Use of Power of AttorneyRelationship of Power of Attorney to Other Legal InstrumentsTermination of Power of AttorneyFinancial Management and Responsibility of an AgentWhere to get more information. A permanent power of attorney remains effective after the principal becomes incapacitated, while a non-durable power of attorney ends when the principal becomes incapacitated. This way, the lawyer can use language that makes clear the full scope of the responsibilities you want to convey.
An agent may have a moral or other obligation to assume the responsibilities associated with the power of attorney, but the power of attorney does not create an obligation to assume duties. The power of attorney must be signed by the principal, by two witnesses to the principal's signature, and a notary must recognize the principal's signature in order for the power of attorney to be properly executed and valid under Florida law. A durable power of attorney that works for estate planning purposes probably won't work for your senior attorney who needs a more powerful document for Medicaid planning. A durable POA takes effect when the document is signed while an emerging power of attorney takes effect only if the principal becomes incapacitated and when the principal becomes incapacitated.
Guardianship can generally be avoided when a well-written durable power of attorney has been signed before becoming incapacitated.
