Effective October 2011, Florida adopted new laws concerning the use of Durable Powers of Attorney. While Durable Powers of Attorney executed prior to the change in law are grandfathered in and so remain valid, this change in the law marks an excellent opportunity to re-evaluate what your old document may say, or to take advantage of some of the expanded powers afforded under the new law. All in all, the new statutory provisions fall on the side of the consumer and so there is no time better than now to update your Durable Power of Attorney, or to create one if you haven’t created on in the past. The new law changes things in several respects:
(1) Gone are the confusing days of referring to agents named within a Durable Power of Attorney as “attorneys-in-fact.” Now, agents are called Agents.
(2) Springing Powers are prohibited
(3) No professionals
(4) Superpowers
(5) Powers must be explicitly stated
(6) Photocopies are okay
(7) No amendment, only revocation
(8) If more than one agent, each can act independently unless stated otherwise.
