Florida's new durability lawyer law


In 2011, the Florida State legislature revised the state lawyer law in several important respects. The Legislature was intended to model the Florida Act of the 2006 Act, which was drafted by the Governing Council Member to enhance its usefulness and reduce misuse.

Changes include the prohibition of "jumping". Attorney's "jumping" power is not effective when you do it. It becomes effective when the specified event occurs. It is usually impossible for a principal. These privileges may be problematic as it is not always clear whether or not someone is being disabled. Obviously, when a person is in a coma, he becomes incompetent. If someone has a stroke and lost a large part of his ability to speak, but still can think clearly, is he incompetent? Although you can accurately create what is considered "incompetence", this problem can complicate decisions you need to make quickly for you in case of an emergency.

The new law also permits the agent to be a trustee entrusted to protect various legal obligations that principal can not be changed or deleted. These duties include maximizing profits, recording all receipts and transactions made for the principal, preserving the property plan, acting in good faith, acting in accordance with the reasonable expectation of the principal And inventory the content of the principal's safety box each time the agent accesses it. Carrying out these duties is to reduce the fraud by letting the agent understand what the law expects him and allowing others to more easily review his activities It helps.

This law also requires that the agent has not only broad and general responsibility but only authority to perform the specific activities described in the contract. Here, this measure can prevent misconduct by prohibiting to engage agents in many activities not thought that the principal specifically prohibits legal documents. Potentially, he will not need to consider what to ban, he needs to give him or her the area he wants the agent to exercise. For example, if the document does not explicitly state that the agent accesses his / her bank account or draws the funds of the principal for other purposes as necessary, the proxy may access the account It is forbidden.

These changes are likely to protect the principal from fraud and theft, but if the parties need to hire a lawyer to effectively draft lawyer contracts, they will raise the cost. In addition, principals are not able to execute documents quickly and easily, and financial institutions may take time to accept or refuse them, both of which may cause inconvenience to important transactions. Finally, if you hire another expert to help you decide whether or not the bank will accept, the cost of this will be handed over to the principal.

If you are looking for a powerful power of attorney in Florida, you can download it from here.


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