The Florida Legislature recently enacted a new Power of Attorney Act. This Act changed the format and many of the execution requirements for both Durable and Non-Durable Powers of Attorney in Florida. Among other changes, the Act also made “springing” Powers of Attorney invalid in Florida if they are created after the effective date of the Act. Springing Powers of Attorney generally do not become effective until some future date, such as upon a determination of the principal’s incapacity.
If you have a Florida Power of Attorney, it may be a good idea to update it at this time in accordance with the new Act. This will help ensure that the Power of Attorney is readily accepted at such time in the future as it is needed. If I can be of assistance in any way, please do not hesitate to contact me.