709.2301 – Principles of law and equity.
709.2301 Principles of law and equity.—The common law of agency and principles of equity supplement this part, except as modified by this part or other state law. History.—s. 27, ch. 2011-210.
709.2110 – Revocation of power of attorney.
709.2110 Revocation of power of attorney.— (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. (2) Except as provided […]
709.2302 – Laws applicable to financial institutions and entities.
709.2302 Laws applicable to financial institutions and entities.—This part does not supersede any other law applicable to financial institutions or other entities, and that law controls if inconsistent with this part. History.—s. 28, ch. 2011-210.
709.2111 – Co-agents and successor agents.
709.2111 Co-agents and successor agents.— (1) A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise provides, each co-agent may exercise its authority independently. (2) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines […]
709.2112 – Reimbursement and compensation of agent.
709.2112 Reimbursement and compensation of agent.— (1) Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal. (2) Unless the power of attorney otherwise provides, a qualified agent is entitled to compensation that is reasonable under the circumstances. (3) Notwithstanding any provision in the power of attorney, […]
709.2113 – Agent’s acceptance of appointment.
709.2113 Agent’s acceptance of appointment.—Except as otherwise provided in the power of attorney, a person accepts appointment as an agent by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. The scope of an agent’s acceptance is limited to those aspects of the power of attorney for which […]
709.2114 – Agent’s duties.
709.2114 Agent’s duties.— (1) An agent is a fiduciary. Notwithstanding the provisions in the power of attorney, an agent who has accepted appointment: (a) Must act only within the scope of authority granted in the power of attorney. In exercising that authority, the agent: 1. May not act contrary to the principal’s reasonable expectations actually known by the agent; […]
709.2115 – Exoneration of agent.
709.2115 Exoneration of agent.—A power of attorney may provide that the agent is not liable for any acts or decisions made by the agent in good faith and under the power of attorney, except to the extent the provision: (1) Relieves the agent of liability for breach of a duty committed dishonestly, with improper motive, or with […]
709.2116 – Judicial relief; conflicts of interests.
709.2116 Judicial relief; conflicts of interests.— (1) A court may construe or enforce a power of attorney, review the agent’s conduct, terminate the agent’s authority, remove the agent, and grant other appropriate relief. (2) The following persons may petition the court: (a) The principal or the agent, including any nominated successor agent. (b) A guardian, conservator, trustee, or other fiduciary […]
709.2117 – Agent’s liability.
709.2117 Agent’s liability.—An agent who violates this part is liable to the principal or the principal’s successors in interest for the amount required to: (1) Restore the value of the principal’s property to what it would have been had the violation not occurred; and (2) Reimburse the principal or the principal’s successors in interest for the attorney’s fees […]