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FL S0670
Bill
Status
5/2/2011
Primary Sponsor
Arthenia Joyner
Click for details
AI Summary
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Creates the "Florida Power of Attorney Act" (chapter 709, part II) establishing comprehensive statutory framework for powers of attorney effective October 1, 2011.
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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.
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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.
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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.
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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