What Is A “Power of Attorney?”
A “power of attorney” is a legal device used to delegate authority from one person to another. The person conferring the power, referred to in the law as a “principal,” can determine (within certain legal limits) the scope of authority given to the other party–called an “agent.” How the document is drafted will dictate which powers the agent can exercise on the principal’s behalf, and which they cannot.
How Is A Power of Attorney Used?
A power of attorney can be used to convey a wide range of authorities from the principal to the agent. For instance, a person could execute a power of attorney such that it allows the agent to access their bank accounts, medical records, or other confidential information.
A person could execute a power of attorney granting an agent the right to buy and sell, or conduct other business, on their behalf. A power of attorney can be granted transferring, temporarily, certain parental rights–a power of attorney can be used to transfer almost any legal authority. Because the power of attorney is a versatile instrument used in many different situations that touch on the law, it is one of the most common legal documents people are forced to interact with in the course of their daily lives.
What Is Required To Execute A Power of Attorney?
At bare minimum, Florida law requires a power of attorney to be: (1) in writing, (2) signed by the principal, (3) witnessed by two competent adults, and (4) formally acknowledged by a notary public, though the notary can serve as one of the adult witnesses as well.
However, because a power of attorney is an instrument which may touch on virtually every aspect of Florida law, the document itself should be professionally drafted so as to avoid legal complications or conflicts with specific provisions of the law which might perempt the power of attorney or otherwise render it ineffective.
For instance, Florida law renders any power of attorney given to by one spouse to another entirely null and void should the spouses in question become divorced. Likewise, powers of attorney drafted and given effect by military personnel may be subject to military-specific requirements different than those provided for in Florida law.
Likewise, certain versions of the power of attorney, such as Florida’s “Springing POA” which created a document that only became effective upon the death of the principal, can no longer be validly executed in the state–though “springing” POA’s executed before the enactment of the 2011 legislation that rendered them illegal are still enforceable.
What Can You Do When Power Of Attorney Is Contested?
We can see based on the above how a power of attorney can become an absolutely critical document in the life of an individual. A child who manages an ailing parents estate is likely operating under a power of attorney. A family member who has taken temporary responsibility for a minor child may be working under a power of attorney. An employee who manages a principal’s most important business interests may well be operating under a power of attorney.
Unfortunately, if someone is interfering with your life by contesting your power of attorney the only real solution is to hire a legal expert licensed in the state of Florida to protect your interests.
And while there are many types of law and many kinds of lawyer–not every attorney is well versed in the intricate, connected, web of rules and regulations that govern these powerful documents. We at the Principal Firm, P.L., however, are intimately familiar with Florida’s power of attorney provisions. If you need a power of attorney drafted, executed, or defended–the Principal Firm is prepared to employ our full expertise on your behalf.
