General Power of Attorney Florida Form – PDF – Word
However, the agent could use the Power of Attorney as soon as he or she receives it. There are several problems with springing Powers of Attorney. First, the agent needs an affidavit showing the triggering event has occurred before the agent can use the Power of Attorney. Finally, it isn't clear whether such a document would be accepted in other states.
When you give someone a Power of Attorney, you still have the right to control your money and property. However, you are giving your agent the ability to access your money. Your agent is not supposed to take or use your money without your permission, but there is a risk that a dishonest or unscrupulous agent might steal your money.
It is therefore very important to choose an agent you trust. You should go over the agent's duties before you sign your power of attorney. Because the agent can use the Power of Attorney to access your bank account and sell your property, do not give your Power of Attorney to anyone you do not trust with your money or property.
It can be very difficult to get back money or property taken by the agent, because the agent usually has no money left to return.
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The agent may also sell your property, or mortgage it, making it worth less. First, you should revoke the Power of Attorney. Second, notify all banks or other financial institutions in which you have money that you have revoked the Power of Attorney. The court will hold a hearing at which time you can challenge the information given in the accounting.
Ultimately, if the court finds the agent took your money without your permission, you can sue the agent or possibly press criminal charges. If you have not given the Power of Attorney to anyone, you can revoke it by destroying the document.
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If the Power of Attorney has been given to the agent, an institution, or has already been recorded, you should execute a document revoking the Power of Attorney that is witnessed and acknowledged in the same manner as the first Power of Attorney. Then you will need to give a copy of the Revocation to the banks or others so that they know the Power of Attorney is no longer good.
Connecticut law does not provide that a new Power of Attorney automatically revokes an old one.
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It is possible to have more than one agent with your Power of Attorney. This situation should be discussed with an attorney.
The document lists only the powers given to the agent. The statute that describes the powers can be found here. If you execute either a "statutory short form" or "statutory long form" Power of Attorney, it would be wise to keep a copy of the statute handy. You can read the statute here: Power of Attorney Statute.
Durable Power of Attorney | Simple POA Form | Rocket Lawyer
Most Powers of Attorney signed in other states will be recognized in Connecticut. In general, a Power of Attorney used to convey title to real estate, must be signed, dated, witnessed by two people, and "acknowledged" or notarized by a notary public or court official.
State laws govern who is authorized to take "acknowledgments. Also, if the document refers to statutes from another state, you may have to provide a copy of those statutes.
Ready to have one of these types of power of attorney notarized? Get started below. Posted in: power of attorney. You have notarization questions, we have notarization answers. While we at Notarize pride ourselves on providing helpful resources like this blog!
Pro tip: always check with your own attorneys, advisors, or document recipients if you have further questions about notarization or digitally notarized docs. Sign Up Notarize a Document. Subscribe to the Notarize Blog Join over 50, others and subscribe to receive the latest updates, industry news and more. Laura Lopez. General Power of Attorney A general power of attorney is one of the more broad types of power of attorney that grants someone more generalized authorization to handle your affairs.
The new Durable Power of Attorney is much too complicated to prepare without an experienced attorney. If you have any doubt regarding the validity of your advanced care directives Durable Power of Attorney, Designation of Health Care Surrogate and Living Will you should contact an attorney for a review.
Consumer Pamphlet: Florida Power of Attorney
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