Florida and the Durable Power of Attorney. What you Need to Know.
Since 2017, a law was put into place that stated both power of attorney documents and durable power of attorney documents must be signed by two witnesses. Prior to this change in the law, general power of attorney documents didn’t have this requirement.
Not everybody stays current with the law, which is why we recommend speaking to a trusted attorney when it comes time to seek out help with a power of attorney. Laws change, and it can be hard to keep up with these changes if you don’t work in the profession.
At Robinson & Casey Law, we pride ourselves on being forefront in the latest information you need. What other things do you need to know when it comes to Florida law? Each state has their own nuances. For example, Florida law states that a notary must acknowledge the principle’s signature. Otherwise, the document isn’t properly executed, which can cause issues.
Another thing to understand is that these documents can be state-specific. What you’ve signed and requested in Florida may not be seen as legal in another state. In this circumstance the individual bank or medical facilities may make the decision not to honor your document. This shouldn’t be acceptable, but with some general forms may overlook these important distinctions.
Knowing who you can talk to about estate planning is important. There are a lot of small details you might not be aware of. Be sure to not only educate yourself, but speak with someone who knows the law inside and out.
