Florida’s New Power of Attorney Law

I previously blogged about Florida’s enactment of Senate Bill 670 which brings the state’s law closer to conforming with the Uniform Power of Attorney Act (UPOAA). The new law went into effect on October 1, 2011. Some of the important changes in Florida’s law are below:

• Residents can no longer make a springing power of attorney
• All powers of attorney must be durable
• A grantor must specifically initial a number of provisions contained in the document
• If multiple agents are named, each agent may act unilaterally unless the document explicitly directs otherwise
• Third parties must accept a copy of the power of attorney instead of demanding an original
• An agent cannot delegate his or her duties to act as an agent
• Powers of attorney drafted prior to October 1, 2011 are still valid, though it may be advisable to redo older powers of attorney to avoid confusion.

See Kevin A. Pallock (attorney, Pennington, NJ), New Florida Power of Attorney Law, Kevin A. Pallock BLAWG, Oct. 11, 2011.