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What makes a power of attorney valid?

On Behalf of | Jun 22, 2021 | Estate Planning

A power of attorney provides someone else with a lot of control over your life. While you can create various terms, this document always will give someone else the ability to make decisions on your behalf for whatever specifications you make.

People mostly use power of attorneys to give someone else the ability to make financial or medical decisions for them. When you create this document, it is essential to ensure it is legal under the law. If you fail to ensure this, the court may not allow for its execution when the time comes that you need it.

The Florida Statutes outline a few specific requirements every power of attorney must have.

Age limit

To create a power of attorney, you must be at least 18 years old. Minors cannot create this type of document. If you are underage, your legal guardian would have the same duties as under any power of attorney you might create. You also must name someone to act as your agent who is at least 18 years old.

Signatures

You must sign your power of attorney with your own hand or use a specific protocol to legally sign it if you cannot write your own signature. The document must also contain the signatures of two witnesses who can attest that you wrote and signed it.

There must also be a notarization of the document, which validates your signature.

Other details

If you created a power of attorney in another state, it is valid in Florida as long as it was valid under the law of the state in which you created it. You or your agent can also use copies or electronic copies of the document in the same way you can use the original, but if there is a situation that involves real property, you may need the original.

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