Floridas New Power of Attorney Law

name back-up agents. E ff e c t i v e O c t . 1 , Additionally, unless Florida has a new you specify otherwise, Durable Power of any co-agent has the A t t o r n e y l a w. T h e power to act alone. Florida Power of I have always Attorney Act brings emphasized that a Florida in line with Durable Power of the national Uniform attorney must name Power of Attorney Act. the specific powers The purpose of the you want your agent change is to provide greater protection to Joseph S. Karp, C.E.L.A. to have. Saying your people from overreaching by agent can do anything you can do is not sufficient. For example, if you agents and from financial fraud. The Karp Law Firm has incorpo- want your agent to be able to do rated all the new features that the gifting, or to buy or sell property, state requires into this legal instru- you must specifically mention those ment. All Florida Durable Powers of powers. The new law provides Attorney drafted on or after Octo- further protection with regard ber 1 must include these features. to certain superpowers such as If you already have a Durable gifting, by requiring you to POA, your existing document will physically initial next to each of still be valid! In the future, you may those superpowers you are giving want to consider changing it to your agent. I have also emphasized over the take advantage of the new laws years the riskiness of using storeadditional protections. bought or on-line forms when creating legal Listen to Joe Karp and Anita Finley documents, including the on Saturday, October 15 from 7:30-8:00 AM Florida Durable Power of on WSBR 740AM and on the Attorney. The new law Internet at www.wsbrradio.com. makes attempting to do Briefly, here are the highlights it yourself even more risky. Consult of the new Florida Power of with the estate planning-elder law attorneys of The Karp Law Firm Attorney Act: The Springing Durable Power of who can create a legally sound Attorney will no longer be recog- Florida Durable Power of Attorney. Joseph S. Karp is a nationally certinized in Florida if it is created on or after October 1. Only an Imme- fied and Florida Bar-certified elder law diate Durable Power of Attorney attorney (C.E.L.A.) specializing in the practice of Trusts, Estates and Elder Law. will be recognized. This means that His offices are located at 2500 as soon as the document is signed, Quantum Lakes Drive, Boynton Beach your agent will have the power to (561) 752-4550; 2875 PGA Blvd., act on your behalf. Your agent will Palm Beach Gardens (561) 625-1100; not need to prove your incapacity. and 1100 SW St. Lucie W. Blvd., Port St. Although back-up agents were Lucie (772) 343-8411. To l l - f r e e f r o m a n y w h e r e : 8 0 0 routinely included in Florida 893-9911. E-mail: KLF@Karplaw.com Durable Powers of Attorney, the or website www.karplaw.com. truth is that technically, there was Read The Florida Elder Law and no legal basis for naming back-up Estate Planning Blog at agents. Now you can officially www.karplaw.blogspot.com.

# #