2011 Power of Attorney Statute
Saturday, July 2, 2011 at 9:04AM The Florida Legislature has enacted a new statute for durable powers of attorneys. Here is a link to a very good summary of the changes:
http://www.floridatrustsestatesblog.com/estate-gift-gst-planning/the-new-florida-power-of-attorney-act/
The one additional note that I would add is this:
The statute will create some uncertainty regarding powers of attorney drafted and signed under the laws of other states that do not have two witnesses. It is possible to construe our new statute to provide that such a power of attorney without two subscribing witnesses may be sufficient to support the conveyance of real property in Florida if the other state law would not require the witnesses to convey real property there. I don't think Florida attorneys and title companies will accept a foreign power of attorney lacking two subscribing witnesses for the signing of Florida deeds. I bet the standard will remain two witnesses unless a Florida appelate court rules that the witnesses would not be necessary (Don't hold your breath). At any rate, even if there was such a decision, no Florida lawyer wants to try to keep track of the laws of the forty-nine other states. Get the witnesses.
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