In 2011, the Florida legislature changed the state & # 39; s attorney law in several significant respects. The legislature intended to simulate Florida & # 39; s law on the 2006 Act, that the same law commissioners developed to improve the utility and reduce its misuse.
These changes include the prohibition of "spring." A "springing" power of attorney does not take effect when you are doing it; it shall enter into force when there is a scheduled event, as a rule, primary and # 39; s incapacity. These powers can be problematic because if someone fails, he will not always be an accurate description. Obviously, if a person is in a coma, he is incapacitated. If someone has a stroke and lost most of her ability to speak, but could still think clearly, he is incapacitated? While you can work out exactly what qualifies as "incompetent", the issue may complicate the decision, which must be done quickly on your behalf while you are in an emergency situation.
The new law also recognizes that the agent & # 39 is the trustee tasked to support a variety of legal obligations that the principal can not be edited or deleted. These duties include the duty to act in the best interest to keep a record of all receipts and transactions carried out on the principle of & # 39; s name to save the estate plan, act in good faith, to act in accordance with the principal & # 39 expressway reasonable expectations, and the obligation to inventory the contents of the principal & # 39; S safe whenever agent accesses thereto. The establishment of these responsibilities will help to reduce the incidence of fraud and theft, making the agent to understand what the law expects of him and allows others to more easily examine its activities.
The legislation also requires that the agents only have the authority to perform specific activities provided for in the contract, rather than having a wider, general duties. Here, the measure would prevent fraud by prohibiting the agent from the participation in a number of activities that the principal could not think to deny it with a legal document. Powerful, he would not have to consider that the ban, he needed only to areas that he or she wants the agent to perform. For example, if the document does not specifically state that the agent can access the main & # 39; s bank account or get a basic and # 39; s funds as needed for another purpose, the agent denied access to the accounts.
Although these changes are likely to protect the principal & # 39; fraud and theft, they would be overstating costs, unless the parties have to hire a lawyer to help them power of attorney agreement project effectively. In addition, managers will not be able to execute the documents as quickly and easily, and financial institutions may take longer to accept or reject them, both of which can deal a major inconvenience. Finally, if the bank has hired another professional to help him determine what to nor accept, it would pass the cost of this in the main.
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