New Florida Power of Attorney Laws Increase Accountability
Brandon, FL (Law Firm Newswire) November 23, 2011 - Florida’s new power of attorney statute marks some significant changes for those who need to act as an agent for an individual. Perhaps the biggest change in the law will require more detail in the scope of the power of attorney, or POA.
“You won’t be able to use sweeping, broad language in the contract anymore,” said Brandon estate planning attorney Reginald Osenton, of Osenton Law Offices. “Each specific act granted to the POA – from banking to health care – needs to be specifically laid out.”
The new law says that everything needs to be spelled out and each new power needs to be initialed. The change in the law also affects third parties. Under the new law, if a third party rejects the POA, they will have to explain why in writing within a reasonable time, according to the Florida Bar Association’s website.
Third parties may even be liable if damages are incurred during a delay in acceptance of the POA.
For retirees who have POAs that were put together in another state, the new laws bring Florida statue more in line with other states, but there are still differences. The language of the new law indicates that if the POA was written before Sept. 30, 2011, it is still valid. Osenton said it is still a good idea to look back over your POA and make sure it does what you want it to do.
“These new laws will help protect people who need the POA,” he said. “And everyone involved will be held more accountable.”
Osenton Law Office, PA
500 Lithia Pinecrest Road
Brandon, Florida 33511
Call: (813) 654-5777
- Why you may need a parental power of attorney
If you are the parent of young children, you may occasionally need to leave them in the care of a close friend during a quick business trip, or perhaps with the grandparents while you take a kid-free holiday. Or, you may routinely leave your children in the care of a nanny. When and if you […]
- Special Limits on Wage Garnishment
In a previous blog post, http://www.brandonlawoffice.com/2016/06/heres-how-much-of-your-wages-can-be-garnished-to-pay-your-debts, we covered the broad limitations that federal and state laws place on wage garnishment. Wage garnishment is when a creditor sues you to have part of your income diverted directly to them to pay your debts. There are certain general limitations on how much of your income may be […]
- Here’s how much of your wages can be garnished to pay your debts
If you do not pay your debts, your creditors may try to take a portion of your income directly from your employer. This is called wage garnishment. Fortunately, there are limits to how much of your income may be garnished so that you can hopefully keep paying your basic living expenses. The limits are based […]