by Attorney in Fact Out of State: Florida Law Explained
Introduction
Hey there, readers! Have you ever wondered what happens when an attorney in fact (AIF) moves out of state? Does their authority automatically terminate? What if the principal (the person who granted the power of attorney) still resides in Florida? These are important questions that can have significant legal implications. In this comprehensive guide, we’ll delve into the complexities of attorney in fact out of state florida law and provide you with all the information you need to make informed decisions.
Understanding the Role of an Attorney in Fact
An attorney in fact is a person who is authorized to act on behalf of another individual, known as the principal. This authority is typically granted through a power of attorney (POA) document, which outlines the specific powers and duties of the AIF. A POA can be tailored to the principal’s specific needs and can be either durable (meaning it remains valid even if the principal becomes incapacitated) or non-durable (terminating upon the principal’s incapacity).
When an Attorney in Fact Moves Out of State
Effect on Durable Power of Attorney
In Florida, a durable power of attorney remains valid even if the AIF moves out of state. This is because Florida law prioritizes the intent of the principal when granting powers to an AIF. As long as the POA is properly executed and the AIF continues to act in the best interests of the principal, their authority will not be affected by their change in residence.
Effect on Non-Durable Power of Attorney
Non-durable powers of attorney terminate upon the principal’s incapacity. Therefore, if the principal becomes incapacitated after the AIF moves out of state, the POA will no longer be valid. The AIF will no longer have the authority to act on behalf of the principal, and a new POA will need to be drafted if necessary.
Resolving Issues Related to Out-of-State Attorneys in Fact
Obtaining a Local Attorney
If an AIF moves out of state and the principal still resides in Florida, it may be advisable for the principal to consider appointing a local attorney as a co-attorney in fact. This can ensure that the AIF’s authority can continue to be exercised in Florida, even if the AIF is unable to travel back to the state for any reason.
Jurisdiction and Legal Standing
Out-of-state attorneys in fact are subject to the laws of the state where they reside. However, they are still required to act in accordance with the terms of the POA and the best interests of the principal. If the AIF violates the POA or acts in a manner that harms the principal, they may be held legally liable for their actions.
Table: Key Considerations for Attorneys in Fact Moving Out of State
| Factor | Durable POA | Non-Durable POA |
|---|---|---|
| Authority remains valid | Yes | No |
| May require a local attorney | Recommended | Essential |
| Jurisdiction and legal standing | Out-of-state | Out-of-state |
| Liability for misconduct | Yes | Yes |
Conclusion
Understanding attorney in fact out of state florida law is crucial for both principals and AIFs. By carefully considering the factors discussed in this guide, you can ensure that the AIF’s authority is properly maintained and that the principal’s wishes are respected. If you have any further questions or concerns, we encourage you to consult with an experienced legal professional for personalized advice. Check out our other articles for more insights on legal matters that affect you and your loved ones.
FAQ about Attorney in Fact Out of State Florida Law
What is an attorney in fact?
An attorney in fact is a person you appoint to act on your behalf in legal and financial matters.
Can an out-of-state attorney in fact act for me in Florida?
Yes, but they must first register with the Florida Department of State.
How do I register an out-of-state attorney in fact in Florida?
File a certified copy of the power of attorney with the clerk of the circuit court in the county where the principal resides.
Are there any restrictions on who I can appoint as my attorney in fact?
Yes, you cannot appoint someone who:
- Is your spouse, unless you are both appointing each other
- Is under the age of 18
- Is incompetent or incapacitated
What powers can I grant to my attorney in fact?
You can grant them any powers you deem necessary, including:
- Managing your finances
- Making healthcare decisions
- Representing you in legal matters
Can I limit the powers of my attorney in fact?
Yes, you can specify the scope of their authority in the power of attorney document.
How long does a power of attorney last?
A power of attorney is typically valid until you revoke it or become incapacitated.
Can I revoke a power of attorney?
Yes, you can revoke a power of attorney at any time by filing a written notice with the clerk of the circuit court.
What happens if my attorney in fact misuses their powers?
You can file a lawsuit against them for breach of fiduciary duty.
Where can I find more information about attorneys in fact in Florida?
- Florida Department of State: https://dos.myflorida.com/business-services/sunbiz/power-of-attorney/
- Florida Bar Association: https://www.floridabar.org/public/consumer/pamphlet010
