Power of Attorney - Florida: A Guide to Preparation and Notarization
Navigating through life’s uncertainties becomes a tad bit easier with the right tools at hand. The Florida General Durable Power of Attorney (DPOA) is one such legal instrument that grants a chosen individual, known as the agent, the authority to manage your affairs if you’re unable to.
This document not only provides peace of mind, but also ensures that your wishes are honored, and any potential conflicts among loved ones are minimized.
The Florida Power of Attorney Act and Its Types
The Act, which came into effect on November 1, 2014, introduced significant changes to the existing power of attorney laws. This legal document empowers an agent to make decisions on your behalf. The Florida Durable Power of Attorney remains valid even if you become incapacitated, a unique feature that distinguishes it from regular powers of attorney. There are several types of power of attorney documents, and it’s essential to choose the right one for your specific needs.
Key Features of a Florida Power of Attorney (DPOA): A Safety Net for Unpredictable Times
Life can be unpredictable. A DPOA offers a way to prepare for unforeseen events. By granting a trusted individual the authority to make crucial decisions in times when you might be incapacitated, it ensures that your best interests are always prioritized.
This powerful document goes beyond financial matters and can extend to vital medical decisions.
Online Notarization & Apostille Service for Florida Power of Attorney: What You Need to Know
Updates to Florida Online Notary Laws
Starting July 1, 2020, Florida welcomed the use of remote online notaries (RON) in the execution of general durable power of attorney documents. However, due to their sensitive nature, strict protocols have been set for online notarization of these documents.
Our Company Policy on Online Notarization for a Durable Power of Attorney
At Florida Document Specialists, our commitment is to the letter of the law. While we aren’t lawyers, our policy ensures that:
- The Florida power of attorney presented aligns with FS Chapter 709.
- Signers from nursing homes, hospitals, or assisted living facilities must have witnesses physically present with them.
- Other vulnerable adults, as defined by Florida Statute 415.102, can’t have their documents notarized online using remote witnesses. They must be physically present with the principal.
- “Superpowers” are not conveyed unless witnesses are physically present with the principal.
Remote Online Notary (RON) Session for a Durable Florida Power of Attorney: Additional Protocols
Pursuant to Florida Statutes regarding Remote Online Notarization, during a RON session, our notary will conduct a thorough identity verification process. The principal signer will be asked a series of questions, which will be audio-video recorded for compliance and record-keeping purposes. These questions may include, but are not limited to, the signer’s marital status, assistance received in document preparation, and current location. It is imperative to note that such protocols ensure a more formal signing process as mandated by the state regulations.
Comment:
To ensure full compliance with Florida’s legal requirements for RON sessions, it’s essential to adhere to a rigorous and formal process during these sessions. The Statutes are specifically designed to maintain the integrity and authenticity of the notarization process, particularly when conducted remotely. The described protocols reflect the necessity to capture critical information from the principal signer. Ensure that signers are prepared and informed about these questions to make the process seamless.
Apostille Services for Florida Power of Attorney Documents
In today’s global environment, legal documents like the Florida Durable Power of Attorney (DPOA) often need to be recognized and validated outside of the United States. Whether you’re dealing with foreign financial institutions, property transactions abroad, or other international matters, ensuring your DPOA is internationally recognized is crucial.
What is an Apostille?
An apostille is a certification provided under the Hague Convention of 1961 for authenticating documents for use in foreign countries. The primary function of the apostille is to certify the authenticity of the signature on the document; the capacity in which the person signing the document acted; and the identity of any stamp or seal affixed to the document.
Our Apostille Service Process
Whether you’re preparing for international business, personal matters abroad, or just want the peace of mind of having an internationally recognized DPOA, our team is here to help by making the apostille process hassle free.
- Document Verification: We start by verifying your Florida Power of Attoeny to ensure it meets the requirements for apostille certification.
- Submission: We then carry your Power of Attorney to the Florida Department of State for apostille certification.
- Delivery: Once the apostille is affixed to your Power of Attorney, we promptly return the apostilled document to you, ensuring it’s ready for international use.
By choosing our apostille services, you can rest assured that your DPOA will be internationally recognized. For more information about our apostille services, you can visit this page.
Our Document Preparation & Notarization Services
Tailored Power of Attorney Services
Florida Document Specialists offers clerical support in preparing the Florida General Durable Power of Attorney forms. We ensure that our documents suit remote online notarization based on the data you provide.
Transparent Flat Fee System for DPOA Services
At Florida Document Specialists, transparency and value are at the core of our services. We believe in straightforward pricing without hidden costs, ensuring you know exactly what you’re getting for your investment.
DPOA Document Preparation: Only $125
For a flat fee of $125, we meticulously prepare your Durable Power of Attorney document. If you’re considering combining this with our other estate planning document services – such as Wills, Advance Directive, Lady Bird Deed, and others – we are pleased to offer a discounted rate.
Comprehensive Online DPOA Execution Package: $180
For clients preferring the convenience of online services, our comprehensive package is perfect. Priced at $180, this package not only includes the preparation of your Durable Power of Attorney but also the provision of remote witnesses for online signing and notarization. You can execute your DPOA from the comfort of your home, while still ensuring its complete legality and validity. Optional apostille services can be added to this package
With our flat fee structure, you never have to worry about unexpected costs or fees. Reach out today to get started with our straightforward, transparent DPOA services.
Special Power Requirements and Online Notarization
Florida’s “super powers” can only be conferred to agents if the principal has initialed next to each specific power. And while online notarization is allowed, physical presence of witnesses is mandatory.
What are the "Super Powers"?
The state of Florida provides certain “super powers” to agents via a power of attorney. As detailed in Florida Statute 709.2202, these powers can only be exercised by the agent if the principal has either signed or initialed next to each specific power. The following are examples of these “super powers”:
- Creating an Inter Vivos Trust: This is a trust that the principal creates during their lifetime.
- Modifying, Revoking, or Terminating a Trust: The agent can only do this for a trust created by or for the principal, and only if the trust instrument explicitly allows the agent to make such changes.
- Making a Gift: Subject to specific conditions.
- Creating or Changing Rights of Survivorship: Rights of survivorship determine what happens to certain property upon the principal’s death.
- Creating or Changing a Beneficiary Designation: Beneficiary designations determine who receives the benefits of certain accounts or policies upon the principal’s death.
- Waiving the Principal’s Right to Survivor Benefits: This could include benefits from a joint and survivor annuity or a retirement plan.
- Disclaiming Property and Powers of Appointment: Disclaiming is essentially rejecting a gift or an inheritance.
In relation to notarization of these “super powers,” Florida allows for remote online notarization. However, it’s important to note that granting these powers through remote online notarization requires the physical presence of witnesses with the principal at the time of notarization. The utilization of remote witnesses is not permitted. This means that although the notarization can occur online, the witnesses must be physically present with the principal to validate the notarization and thus the conferment of these “super powers” to the agent.
It should be noted that most customers do not require “superpowers” when executing a durable power of attorney online. You are encouraged to consult with a qualified attorney if you have questions or concerns about your specific situation.
The Risk of "Free" Power of Attorney Forms
While tempting, it’s crucial to be wary of downloading”free” forms online. Most are not up-to-date or suitable for Florida.
At Florida Document Specialists, our approach is personalized, with quick error resolution and opportunities for bundling services at discounted rates.
Remember, when considering such vital documents, it’s always advisable to consult with a licensed attorney. It’s all about planning wisely for peace of mind.
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