Zephyrhills, FL asked in Contracts and Estate Planning for Florida

Q: Which power of attorney do I need

My boyfriend is currently in prison and wants to give me power of attorney over all of his real property like his car's trucks includes trailers etc and also wants me to collect his stimulus payments which power of attorney do I need to file

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: Your boyfriend has a choice - either a general power of attorney or a limited one, and for either one of those choices, durable or non-durable. General would give you power to act on his behalf of just about anything under the sun, and limited is for just certain listed items. A durable power of attorney remains effective even if a person becomes incapacitated (such as if he loses his mind). You do not file a power of attorney, unless necessary for a public record, such as if you are signing a deed on his behalf. Once drafted, your boyfriend must sign before a notary and two witnesses. You then keep it in your possession and present a copy to whomever needs to see it to confirm you're telling the truth about having the power you are using. Some entities may also require to you to complete an affidavit to confirm that fact.

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