QUESTION

I wrote to Legal Zoom for power of attorney letter

Asked on Sep 17th, 2013 on Wills and Probate - Florida
More details to this question:
The power of attorney document says the named person has power of attorney immediately; it does not stipulate when I am incapacitated. I was told this is the way it is in Florida. Is this correct? Can I get a power of attorney document that begins when I am incapacitated in FL?
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1 ANSWER

Estate Planning Attorney serving DeLand, FL
4 Awards
The law was changed in 2011 to limit the validity of "springing powers" to a power of attorney executed before October 1, 2011.  After that date, a power of attorney is effective when executed and may not be conditioned upon the occurrence of a future event or contingency.  Thus, you can no longer execute a valid power of attorney in Florida which becomes effective upon your incapacity.
Answered on Sep 17th, 2013 at 3:28 PM

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