an individual, attorney or real estate agent) with the permission to refinance, sell or manage real property in the name of its issuer (or principal).Once completed, the document must be signed by the principal before two witnesses and a notary public. If the principal was under contract to perform a personal service (i.e., to paint a portrait or provide care services), the agent is not authorized to do these things in the place of the principal. The Florida power of attorney templates may be downloaded for the use of a principal to elect anyone of their liking to represent their best interests as their agent. A POA is fundamentally a private arrangement and does not require any court appointment or finding of incapacity. The general jurisdiction, mission and purpose of the department are found in Chapter 430 of the Florida Statutes. A fiduciary relationship is one of trust. Your (principal) disability, physical or mental incapability to make decisions does not affect this Durable Power of Attorney. A 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. This is the person who is allowing someone else to act on his or her behalf. The principal (creator of the real estate power of attorney) may choose to use the available fields on the document to restrict and limit the agent in their ability to represent them. This pamphlet is produced as a public service for consumers by The Florida Bar. The Florida Power of Attorney Act is governed by the 2015 Florida Statutes, Title XL - Real And Personal Property , Chapter 709. For example, a person might use a limited power of attorney to sell a home in another state by delegating authority to another person to handle the transaction locally. 89,390 Downloads (46 votes, average: 3.41 out of 5) An agent possessing special financial skills or expertise has an obligation to use those skills. What Actually Is A Power Of Attorney? Co-agents and successor agents. If the power of attorney was lawfully executed and it has not been revoked, suspended or terminated, third parties may be forced to honor the document. In Florida, a power of attorney with a narrow scope is a limited power of attorney. Florida General (Financial) Power of Attorney Form bestows the power to an agent to handle financial matters on behalf of the principal. A power of attorney may be used to give another the right to sell a car, home or other property. An incarcerated principal also must follow these rules. What if a third party requires the agent to sign an affidavit before honoring the power of attorney? Unless otherwise specified, the information in this pamphlet applies to powers of attorney signed on or after Nov. 1, 2014. They do not know if it was executed properly or forged. Yes. A “general power of attorney” typically gives the agent very broad powers to perform any legal act on behalf of the principal. Potential Problems with Powers of Attorney. The agent is sometimes referred to as an “attorney-in-fact.” The term “attorney-in-fact” does not mean the person is a lawyer. However, a durable power of attorney executed before Oct. 1, 2011, that is contingent on the incapacity of the principal (sometimes called a “springing” power) remains valid but is not effective until the principal’s incapacity has been certified by a physician. What is “fiduciary responsibility”? (The agent may wish to consult with a lawyer before signing such a document.) 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