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 […]
709.2118 – Agent’s resignation.
709.2118 Agent’s resignation.—Unless the power of attorney provides a different method for an agent’s resignation, an agent may resign by giving notice to the principal, to the guardian if the principal is incapacitated and one has been appointed for the principal, and to any co-agent, or if none, the next successor agent. History.—s. 20, ch. 2011-210.
709.2103 – Applicability.
709.2103 Applicability.—This part applies to all powers of attorney except: (1) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; (2) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose; (3) A power to the extent it is coupled with […]
709.2104 – Durable power of attorney.
709.2104 Durable power of attorney.—Except as otherwise provided under this part, a power of attorney is durable if it contains the words: “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes,” or similar words that show the principal’s intent that the authority conferred […]
709.2105 – Qualifications of agent; execution of power of attorney.
709.2105 Qualifications of agent; execution of power of attorney.— (1) The agent must be a natural person who is 18 years of age or older or a financial institution that has trust powers, has a place of business in this state, and is authorized to conduct trust business in this state. (2) A power of attorney must be […]
709.2106 – Validity of power of attorney.
709.2106 Validity of power of attorney.— (1) A power of attorney executed on or after October 1, 2011, is valid if its execution complies with s. 709.2105. (2) A power of attorney executed before October 1, 2011, is valid if its execution complied with the law of this state at the time of execution. (3) A power of attorney […]
709.2101 – Short title.
709.2101 Short title.—This part may be cited as the “Florida Power of Attorney Act.” History.—s. 3, ch. 2011-210.
709.2102 – Definitions.
709.2102 Definitions.—As used in this part, the term: (1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney in fact, or otherwise. The term includes an original agent, co-agent, and successor agent. (2) “Another state” means a state of the United States, the District of Columbia, […]