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Aug 6th, 2022
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How to Slide city in the Durable Power of Attorney

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hey there estate planning attorney paul rabale and in this video were going to talk about eight different mistakes that people make with their power of attorney okay so on these videos on youtube it seems like power of attorney seems to be a really popular topic and im going to assume its because you know people are living longer as a result of that more people during their lifetime theyre becoming incapacitated so we see these power of attorney issues come up all of the time so um you might think power of attorney its pretty simple you just sign one and and youre done with it well its not quite that simple like anything else in estate planning you know anytime you involve money and property and investments and relationships and people sharing an inheritance when someone passes away you know it can be real sticky along with all of the regulations and rules that different financial institutions and title companies have so powers of attorney really can be a complicated topic so i

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Limitations of a Power of Attorney The POA agent cannot change the agreement or break their fiduciary duty, otherwise they can be held liable for fraud and negligence. The agent also cannot transfer the POA to another individual or make decisions for the principal after death.
Someone who has financial power of attorney to manage your property cannot legally transfer money to themselves or their own accounts from yours without written consent for a specific purpose.
A durable power of attorney can, in addition to handling all financial decisions, authorize medical care. That includes consent to proceed with or terminate all medical and surgical procedures on your behalf, including an agreement that falls under the Life-Prolonging Procedures Act of Florida.
The Florida Senate (1) A principal may revoke a power of attorney by expressing the revocation in a subsequently executed power of attorney or other writing signed by the principal. The principal may give notice of the revocation to an agent who has accepted authority under the revoked power of attorney.
A general power of attorney grants broad powers to an agent. Essentially, the agent has the same authority as you have to make decisions, handle your financial affairs and manage your assets. One notable exception to this is that agents cannot gift money or property belonging to the principal to themselves.
A durable power of attorney does not have to be recorded to be valid and binding between the principal and attorney in fact or between the principal and third persons, except to the extent that recording may be required for transactions affecting real estate under sections 442.360 and 442.370.
In Florida, like in all states, the power of attorney ends when the principal/grantor dies. A durable power of attorney is a useful document that gives your agent the power to help manage someones legal and financial affairs during their lifetimes. When the principal/grantor dies, the power of attorney ends.
To make a durable power of attorney in Missouri (the most common type of POA in estate plans), you must sign your POA in the presence of a notary public. In addition, many financial institutions will not want to rely on a POA unless it has been docHubda process that helps to authenticate the document.

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