Q: Need steps for effective Florida durable power of attorney
I am creating a durable power of attorney to have my sister make all major financial and medical decisions for me due to having a brain injury that makes it difficult for me to understand complex matters. I have already drafted a durable power of attorney but have not consulted with an attorney due to financial constraints. Is there additional information or steps required to ensure that the power of attorney is immediately effective after filing? I can handle basic tasks like paying bills, but I need my sister's assistance for major decisions.
A: Thanks for your question. You will either need to hire an attorney to prepare a durable power of attorney for you using the form that they have developed OR you will need to use a form that you find online for this purpose. I would not recommend that latter, especially since it should not be too expensive for an attorney to prepare this one document for you.
Phillip William Gunthert agrees with this answer
A:
Florida is extremely particular about their Power of Attorney (POA) ever since substantial statutory changes related to POA, they require specific initials in various sections of the document in individual paragraph sections so be aware. You file the POA with whomever and wherever you would like it used, of utmost importance is getting the execution requirements correct, see below:
A power of attorney must be signed by the principal, by two witnesses to the principal’s signature, and a notary must acknowledge the principal’s signature for the power of attorney to be properly executed and valid under Florida law.
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