New Florida Law: Your Durable Power of Attorney (DPA) Documents Might Be Invalid
Recent changes to Florida's laws governing Durable Power of Attorney (DPA) documents might require the documents to be redone and re-signed. Any DPA signed prior to October 1, 2011, might now be stale and unenforceable or unusable. Banks and other institutions using or accepting DPA's are now allowed to reject such if certain requirements are not met. They can even delay the use of the DPA and insist that the user obtain a legal opinion that the DPA is still valid. These new laws allow delay in the enforcement or use of the DPA at the banks discretion.
How many times have we heard that having a DPA is absolutely necessary as part of the will, trust and estate planning a person needs?
With the recent changes in the law, any Florida DPAs signed prior to October 1, 2011 might be rejected as being noncompliant! One of the key changes is that "general" provisions are no longer valid. The powers given to the recipient must be specifically stated in the body of the DPA. Imagine trying to fix this problem after the fact when you're trying to use the DPA for an emergency!
The creation of wills, trusts, living wills, medical care and healthcare, surrogate appointments, and other similar paperwork is part of the family law practice of LaBovick Law Group. Persons wishing to have their documents reviewed can contact our offices for a free consultation.
Brian F. LaBovick, Esq.
Esther Uria LaBovick, Esq.
Mark R. Hanson, Esq.
Scott R. Haft, Esq.
Marcie Dodson, J.D.