snowbird estate planning

When is it not appropriate to have a new Power of Attorney (POA) drafted?

As you may recall in my previous article, often times it is beneficial for people who have dual residency in 2 states have POA’s drafted in each state. Well there are a few exceptions that are worth noting.

POA’s don’t necessarily have an expiration date if drafted correctly and not intended for a specific one time occurrence. That said, the mental capacity of the principal for which the POA is meant to serve/protect may. Better said, if a person no longer has the mental capacity to enter into a contract, then they no longer have the capacity to execute a new POA should they take up dual residency subsequent to executing their first POA.

In this situation, the second state (state B) where the principal would try and have their POA recognized would just need written verified (sworn) proof from a legal authority in the first state(state A) that the POA was validly executed in accordance with the laws of state A. This verification can be a certification from state A or an opinion of legal counsel from state A. Uniform Power of Attorney Act § 119. Should the POA laws of state’s A and B mirror one another, then that makes having it recognized a piece of cake.

Florida POA Requirements

  1. POA is signed by 2 attesting witnessess
  2. POA is acknowledged before a notary public

Any further questions, please feel free to contact Bryant Law