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Florida General Power of Attorney

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[Sender.FirstName][Sender.LastName][Sender.Company]

Prepared by:

FLORIDA DURABLE POWER OF ATTORNEY

I, [Sender.FirstName][Sender.LastName], appoint [Agent.FirstName][Agent.LastName] at [Agent.State][Agent.StreetAddress][Agent.City][Agent.PostalCode] as my Agent to act for me in any lawful way with respect to the following initialed subjects:

(A) Real Property Transactions. To lease, sell mortgage, purchase, exchange, and acquire and to agree, bargain, and contract for the lease, sale, purchase, exchange and acquisition of, and to accept, take, receive, and possess any interest in real property whatsoever  being situated in the State of Florida on such terms and conditions, and under such covenants, as my Agent shall deem proper.

(B) Tangible Personal Property Transactions. To lease, sell mortgage, purchase, exchange, and acquire and to agree, bargain, and contract for the lease, sale, purchase, exchange and acquisition of, and to accept, take, receive, and possess any interest in personal property, tangible or intangible, that is recognized under the Uniform Commercial Code as adopted under the laws of the State of Florida or any applicable state being situated in the State of Florida on such terms and conditions, and under such covenants, as my Agent shall deem proper.

(C) Stock and Bond Transactions. To purchase, sell, exchange, surrender, assign, redeem, vote at any meeting, or otherwise transfer any and all shares of stock, bonds, or other securities in any business association, corporate, partnership, or other legal entity, whether private or public, now or hereafter belonging to me.

(D) Commodity and Option Transactions. To buy, sell, exchange, assign, convey, settle and exercise commodities futures contracts and call and put options on stocks and stock indices traded on a regulated options exchange and collect and receipt for all proceeds of any such transactions; establish or continue option accounts for the principal with any securities or futures broker; and, in general, exercise all powers with respect to commodities and options which the principal could if present and under no disability.

(E) Banking and Other Financial Institution Transactions. To make, receive, sign, endorse, execute, acknowledge, deliver and possess checks, drafts, bills of exchange, letters of credit, notes, stock certificates, withdrawal receipts and deposit instruments relating to accounts or deposits in, or certificates of deposit of banks or other institutions or associations.

To pay all sums of money, that may hereafter be owing by me upon any account in my name, by my Agent. To borrow from time to time such sums of money as my Agent may deem proper and execute promissory notes, security deeds or agreements, financing statements, or other security instruments in such form as the lender may request and renew said notes and security instruments from time to time in whole or in part. To have free access at any time or times to any safe deposit box or vault to which I might have access.

(F) Business Operating Transactions. To conduct the affairs of any and all lawful business ventures of whatever nature or kind that I may now or hereafter be involved in. To conduct any business in any form, whether as a proprietorship, joint venture, partnership, corporation, trust or other legal entity; operate, buy, sell, expand, contract, terminate or liquidate any business; direct, control, supervise, manage or participate in the operation of any business and engage, compensate and discharge business managers, employees, agents, attorneys, accountants and consultants; and, in general, exercise all powers with respect to business interests and operations which the principal could if present and under no disability.

(G) Insurance and Annuity Transactions. To exercise or perform any act, power, duty, right, or obligation, in regard to any contract of life, accident, health, disability, liability, or other type of insurance or any combination of insurance; and to procure new or additional contracts of insurance for me and to designate the beneficiary of same; provided, however, that my Agent cannot designate himself or herself as beneficiary of any such insurance contracts.

(H) Estate, trust, and other Beneficiary Transactions. To accept, receipt for, exercise, release, reject, renounce, assign, disclaim, demand, sue for, claim and recover any legacy, bequest, devise, gift or other property interest or payment due or payable to or for the principal; assert any interest in and exercise any power over any trust, estate or property subject to fiduciary control; establish a revocable trust solely for the benefit of the principal that terminates at the death of the principal and is then distributable to the legal representative of the estate of the principal; and, in general, exercise all powers with respect to estates and trusts which the principal could exercise if present and under no disability; provided, however, that the Agent may not make or change a will and may not revoke or amend a trust revocable or amendable by the principal or require the trustee of any trust for the benefit of the principal to pay income or principal to the Agent unless specific authority to that end is given.

(I) Claims and Litigation. To commence, prosecute, discontinue, or defend all actions or other legal proceedings touching my property, real or personal, or any part thereof, or touching any matter in which I or my property, real or personal, may be in any way concerned. To defend, settle, adjust, make allowances, compound, submit to arbitration, and compromise all accounts, reckonings, claims, and demands whatsoever that now are, or hereafter shall be, pending between me and any person, firm, corporation, or other legal entity, in such manner and in all respects as my Agent shall deem proper.

(J) Personal and Family Maintenance. To hire accountants, attorneys at law, consultants, clerks, physicians, nurses, agents, servants, workmen, and others and to remove them, and to appoint others in their place, and to pay and allow the persons so employed such salaries, wages, or other remunerations, as my Agent shall deem proper.

(K) Benefits from Social Security, Medicare, Medicaid or other Governmental Programs or Civil or Military Service. To prepare, sign and file any claim or application for Social Security, unemployment or military service benefits; sue for, settle or abandon any claims to any benefit or assistance under any federal, state, local or foreign statute or regulation; control, deposit to any account, collect, receipt for, and take title to and hold all benefits under any Social Security, unemployment, military service or other state, federal, local or foreign statute or regulation; and, in general, exercise all powers with respect to Social Security, unemployment, military service, and governmental benefits, including but not limited to Medicare and Medicaid, which the principal could exercise if present and under no disability.

(L) Retirement Plan Transactions. To contribute to, withdraw from and deposit funds in any type of retirement plan (which term includes, without limitation, any tax qualified or nonqualified pension, profit sharing, stock bonus, employee savings and other retirement plan, individual retirement account, deferred compensation plan and any other type of employee benefit plan); select and change payment options for the principal under any retirement plan; make rollover contributions from any retirement plan to other retirement plans or individual retirement accounts; exercise all investment powers available under any type of self- directed retirement plan; and, in general, exercise all powers with respect to retirement plans and retirement plan account balances which the principal could if present and under no disability.

(M) Tax Matters. To prepare, to make elections, to execute and to file all tax, social security, unemployment insurance, and informational returns required by the laws of the United States, or of any state or subdivision thereof, or of any foreign government;

to prepare, to execute, and to file all other papers and instruments which the Agent shall think to be desirable or necessary for safeguarding of me against excess or illegal taxation or against penalties imposed for claimed violation of any law or other governmental regulation; and to pay, to compromise, or to contest or to apply for refunds in connection with any taxes or assessments for which I am or may be liable.

(N) ALL OF THE POWERS LISTED IN (A) THOUGH (O).

SPECIAL INSTRUCTIONS

(add special instructions to limit or expand the powers granted to your Agent)

This Power of Attorney is effective immediately and will continue until it is revoked.

This Power of Attorney shall be construed as a Durable Power of Attorney and shall continue to be effective even if I become disabled, incapacitated, or incompetent.

AUTHORITY TO DELEGATE

Right to Delegate

My Agent shall have the right by written instrument to delegate any or all of the foregoing powers involving discretionary decision-making to any person or persons whom my Agent may select, but such delegation may be amended or revoked by any agent (including any successor) named by me who is acting under this power of attorney at the time of reference.

Right to Compensation

My Agent shall be entitled to reasonable compensation for services rendered as agent under this power of attorney.

Successor Agent

If any Agent named by me shall die, become incompetent, resign or refuse to accept the office of Agent, I name the following (each to act alone and successively, in the order named) as successor(s) to such Agent:

Name: (SuccessorAgent#1 Full Name)

Name: (SuccessorAgent#2 Full Name)

Choice of Law

This Power of Attorney will be governed by the laws of the state of Florida without regard for conflicts of laws principles. It was executed in the state of Florida and is intended to be valid in all jurisdictions of the United States of America and all foreign nations.

Acknowledgement of Principal

I am fully informed as to all the contents of this form and I understand the implications of this grant of powers to my Agent.

I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney.

Signature
MM / DD / YYYY

[Principal.FirstName][Principal.LastName]

Statement of Witness

On the date written above, the Principal declared to be in my presence that this instrument is his general power of attorney and that he or she had willingly signed or directed another to sign for thim or her, and that the Principal executed it as their free and voluntary act for the purposes expressed therein.

Signature
MM / DD / YYYY

Signature
MM / DD / YYYY

[Witness#1.FirstName][Witness#1.LastName]

[Witness#1.State][Witness#1.StreetAddress][Witness#1.City][Witness#1.PostalCode]

[Witness#2.FirstName][Witness#2.LastName]

[Witness#2.State][Witness#2.StreetAddress][Witness#2.City][Witness#2.PostalCode]

Certificate of Acknowledgement of Notary Public

State of Florida

County of (Name)

On [Document.CreatedDate]​ before me,[Notary.FirstName][Notary.LastName],  personally appeared [Principal.FirstName][Principal.LastName], who provided to me onthe basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
MM / DD / YYYY

(Notary Seal)

[Notary.FirstName][Notary.LastName][Notary.Company]

Notary Public of the State of Florida

My commission expires: (Date)

Acknowledgement of Agent

By accepting or acting under the appointment, the Agent assumes the fiduciary and other legal responsibilities of an Agent.

Signature
MM / DD / YYYY

[Agent.FirstName][Agent.LastName]

Power of Attorney Florida

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Reviewed by Sharita Jennings

Customize, sign, and send this Florida General Power of Attorney template to establish clear instructions for managing your affairs.

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FAQ

  • You can specify in your Power of Attorney when the document will go into effect. Depending on the language you add to your Power of Attorney, it can become effective upon signing or upon a certain event.

    • To make your power of attorney valid, you must sign it in front of a Notary Public

    • Once signed and certified by you and the Notary Public, you should make a copy and give it to your agent or agents, and keep the original document in a safe space.

    • You can also deliver a copy to financial institutions or other places that your agent may need to work with on your behalf.

  • In Florida, the Power of Attorney must be signed by you (the Principal) and two witnesses before a Notary Public.

What is a Power of Attorney?

A Power of Attorney is a legally binding agreement that gives an individual the authority to act on your behalf. The individual you select to act on your behalf will become known as the “Agent”. You should only select someone that you trust to fulfill this role. The appointed Agent will be legally permitted to act on your behalf in matters specified by you (the “Principal”), like paying your bills or managing your finances.

In 2011, Florida passed the Uniform Power of Attorney Act to better protect the state’s large elder population from the risks associated with trusting authorizing individuals to handle their financial affairs in old age. Notably, under this law, principals can only grant their agents “superpowers” (which can impact the Principal’s estate plan or allows the agent to give gifts from the Principal’s estate) if the Principal specifies the authority to be granted and initials next to the specific provision that grants such power.

In addition, Powers of Attorney created after 2011 cannot be drafted to be “springing” or otherwise go into effect once the Principal becomes incapacitated. Instead, a physician must first certify the Principal’s incapacity before the document takes effect.

In Florida, there are three different types of Powers of Attorney:

  • General Power of Attorney: Allows your Agent to handle a variety of financial matters on your behalf, like investments, real estate, making payments, and more.

  • Limited Power of Attorney: Allows your Agent to act on your behalf only in the matters that you specify in the document, like selling a property for you while you are away.

  • Durable Power of Attorney: When you specify that your Power of Attorney shall not terminate even if you become incapacitated, it becomes a “durable” power of attorney

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