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FL S0670

Bill

Status

Engrossed

5/2/2011

Primary Sponsor

Arthenia Joyner

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • Creates the "Florida Power of Attorney Act" (chapter 709, part II) establishing comprehensive statutory framework for powers of attorney effective October 1, 2011.

  • Requires powers of attorney to be signed by principal, two witnesses, and acknowledged before notary public; agent must be 18+ years old or financial institution with trust powers.

  • Establishes agent duties as fiduciary including acting within scope of authority, in good faith, in principal's best interest, and maintaining records; limits agent liability absent breach of duty.

  • Specifies certain powers require separate signed enumeration by principal, including gifts (limited to annual federal gift tax exclusion per donee), creating trusts, changing beneficiary designations, and disclaiming property.

  • Provides third parties protections to rely on properly executed powers of attorney in good faith; establishes timeline for financial institutions to accept/reject powers (4 business days); imposes liability on third parties who unreasonably refuse valid powers of attorney.

Legislative Description

Powers of Attorney

Last Action

Ordered enrolled -SJ 851

5/4/2011

Committee Referrals

Banking and Insurance3/21/2011
Judiciary2/9/2011

Full Bill Text

No bill text available