WHY DO I NEED TO HAVE A POWER OF ATTORNEY?
When accidents, sudden illness, planned or unexpected absences occur, you may need someone to manage your financial affairs. It can be done in anticipation of a future need, for a special purpose, or for a limited time.
WHAT ARE SOME USES OF A POWER OF ATTORNEY?
A power of attorney may be used to give another the right to sell a car, home, or other property. A power of attorney might be used to allow another to access bank accounts, sign a contract, make health care decisions, handle financial transactions, or sign legal documents for the principal.
CAN THE POWER OF ATTORNEY BE REVOKED?
YES. As long as the principal is mentally competent, he or she can revoke a POA at any time. May revoke the power of attorney by executing another writing revoking the power of attorney or by creating a new power of attorney and expressing that the new power of attorney will revoke any previous authority given. In addition, if the original POA was recorded in public records, the revocation should also be recorded in the same manner.
DOES A POWER OF ATTORNEY NEED WITNESSES OR A NOTARY?
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.
In Florida, competent witnesses who are over 18 years old and have no interest in the POA. This means they should be “disinterested” and not the agent, a family member related by blood or marriage.
Witnesses must be of sound mind (not having a mental disability or determination of incompetence and can understand that they are witnessing the signing of a binding, legal document.