Durable Powers of Attorney
Power of Attorney (POA)
A Power of Attorney (POA) is a legal document that grants one person the authority to act on behalf of another in dealings with third parties such as banks, stockbrokers, and other financial institutions. This can be essential when someone needs assistance managing their affairs, but the Power of Attorney typically terminates if the principal (the person who made the POA) becomes incapacitated. To address this limitation, Durable Powers of Attorney (DPA) were created, which remain valid even if the principal becomes incapacitated, providing continued authority for the appointed agent.
It has been my experience that many banks and financial institutions are reluctant to honor older DPAs and will look for any excuse to reject them. Under Florida law, it is crucial for your Durable Power of Attorney to be up-to-date, Florida-specific, and compliant with state regulations. The new law also gives banks the authority to request a legal opinion confirming the validity of a DPA executed prior to October 1, 2011. This can result in delays and the need to obtain an attorney’s opinion letter, which can cause major inconveniences for families and delay important financial and legal matters. Without an updated DPA, families may be forced to go through a time-consuming and expensive guardianship process.
Updating your Durable Powers of Attorney is essential for ensuring that it meets all legal requirements and continues to serve your interests. Contact Jacobs & Jacobs, P.A. today to schedule a consultation and ensure your DPA is properly updated and compliant with Florida’s current laws.
Durable Powers of Attorney Laws in Florida
In 2011, the Florida legislature introduced significant changes to the law governing Powers of Attorney through the Florida Power of Attorney Act (FPOA, Fla. Stat. §709.2101-.2402). This overhaul fundamentally changed the way DPAs are executed and recognized, bringing several new requirements. Although the new law still recognizes Durable Powers of Attorney executed under the previous law, it is highly recommended for Florida residents to update their DPA due to the extensive changes. Updating your DPA ensures it complies with the latest Florida laws, helping avoid potential complications and delays.
Another significant change in the new statute is that all powers granted to an agent must now be explicitly stated in the DPA. The previous practice of including a blanket “general powers” provision, which allowed an agent to do anything the principal could do if present, is no longer valid. A well-crafted Durable Power of Attorney must now list in fine detail all powers the agent is authorized to exercise. Additionally, certain powers, like the ability to make gifts, change rights of survivorship accounts, modify beneficiary designations on IRAs, or create or amend a living trust, must be signed or initialed by the principal.
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I looked around and interviewed multiple attorneys, this firm was head & shoulders above the rest.

My experience with Melinda has been 100% positive. She is knowledgeable and friendly. She answered and explained very patiently all of my questions. The whole process was easy, simple, and fast! The secretary was kind, and conveyed all of my concerns to Melinda with accuracy, and took good care of me both over the phone, and in person. I cannot say enough good things about their services.

I am an attorney specializing in complex real estate transactions for the past 34 years. But when it came time to select an attorney to create a revocable living trust, I chose this law firm to assist me. They did an excellent job! Enough said!

My experience with Melinda has been 100% positive. She is knowledgeable and friendly. She answered and explained very patiently all of my questions. The whole process was easy, simple, and fast! The secretary was kind, and conveyed all of my concerns to Melinda with accuracy, and took good care of me both over the phone, and in person.

I was looking to obtain a will/trust and scheduled an appointment with Jacobs & Jacobs. I first met with Melinda where she explained in fine detail what was required to fulfill what I was requesting. Upon receiving a draft copy of all documents I then scheduled another appointment to finalize the agreement and met with Daryl. Both are very experienced and well versed in their profession.

Having moved from Massachusetts recently, I knew my Living Trust needed to be updated under Florida law. Jacobs & Jacobs made the process very understandable and affordable.

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I was treated like family. From the receptionist who made my appointment (which was difficult due to my work schedule), to the lawyer who assisted with my estate plan.

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Our team is ready to assist with any estate planning you may need. Whether it’s drafting a will, navigating probate, or handling complex tax matters, Jacobs & Jacobs Law has the experience and compassion to guide you every step of the way. Don’t wait—reach out today and let us provide the legal help you deserve.
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