The Applicability of Foreign Powers of Attorney to Real Property Transactions in Florida

The Florida Power of Attorney Act has three categories: POAs executed in Florida before October 2011, POAs executed in Florida after October 2011, and POAs executed in another state. Foreign POAs could be important for out-of-state clients who own property in Florida or for snowbirds who spend the winter in Florida. This article discusses how foreign POAs apply to real estate transactions in Florida. It’s important for lawyers who work with out-of-state or seasonal clients to understand this. There are still some issues with foreign POAs that may need to be worked out by the courts or the legislature. In 2011, Florida changed its laws on Powers of Attorney (POAs) to make them more like a model law. This means that POAs from other states may be recognized in Florida. Sometimes, it’s not possible to make a new POA, like if someone is sick or in another country. In those cases, the old POA might still work. Yes, a foreign Power of Attorney (POA) can be valid in Florida as long as it meets certain requirements. It must be signed by two witnesses and notarized, or it must comply with the laws of the state where it was executed. For example, in New York, there are specific rules about what an attorney-in-fact can do, and if the POA doesn’t meet those rules, it might still be valid in Florida if it follows the laws of New York. If you have a power of attorney (POA) from another state and you want to use it in Florida, it needs to be valid according to the laws of that other state. Even if it is valid, there are still limitations on what the person with the POA can do in Florida, especially when it comes to real estate. And if you think the POA needs to follow Florida’s rules for signing deeds, that’s actually not true. So, it’s important to understand the rules for using a POA from another state in Florida, especially if it involves real estate. The Florida Power of Attorney Act requires that a power of attorney (POA) needs to be signed by at least two witnesses and acknowledged before a notary public in order to be valid. However, this requirement does not apply to POAs from other states. The agent only needs to present a digital or photocopy of the POA to act on behalf of the principal, except when the POA is used to affect the title to real property. In that case, the original POA (or a certified copy) must comply with Florida’s laws governing recordation, including the requirement of two witnesses and acknowledgment by a notary. So, basically, if you have a power of attorney (POA) from another state and you want to use it to buy or sell property in Florida, there are some rules you need to follow. Florida doesn’t require the same strict rules for foreign POAs as it does for POAs made in Florida. But there are still some limitations, especially when it comes to protecting someone’s homestead (their main home). If you’re using a POA to deal with someone’s homestead property, it needs to be signed and notarized just like a regular deed. Florida wants to make sure that using a foreign POA doesn’t make it easier for someone to take advantage of the rules for homestead protection. In Florida, a power of attorney (POA) must be specific about what powers the agent has. General statements like “Agent may do all acts that [p]rincipal can do” are not allowed. The POA doesn’t need to describe the property in detail, but it must show that the principal intended to give the agent the power to act on their behalf. There are examples of language that is not specific enough and language that is specific enough. However, there is still uncertainty about how specific the language needs to be. The agent is also given some flexibility to use their judgment to carry out the specific powers given to them. This issue has not been addressed by Florida courts yet. Statutory form POAs are a simpler way for someone to give another person the power to make decisions for them. Texas has a specific form where the person giving the power can mark which powers they want to give. For example, they can give the power to sell or mortgage their property. The form itself doesn’t explain all the details of the powers, but those details are explained in another law. This section talks about the importance of being specific in a power of attorney (POA) document. It mentions that the law may not give clear guidance on how specific a POA needs to be, and that it could be up to the courts to decide. It also mentions that this applies to POAs from other states or countries. As of now, there isn’t much clear guidance on this issue from the courts, so it’s something that may develop over time. If you have a power of attorney from another state and want to use it to buy or sell property in Florida, you need to record the power of attorney in Florida before making any property transactions. If you don’t do this, the transaction may not be valid against creditors or future buyers. This article gives guidelines for Florida lawyers dealing with out-of-state powers of attorney and highlights potential issues that may arise. This passage contains references to specific sections of Florida and New York state laws regarding power of attorney, real estate transactions, and property rights. It also includes information about the Uniform Power of Attorney Act and the Florida Bar’s Uniform Title Standards. Some of the sections mention requirements for different types of property and documents related to real estate transactions. This is a column by a lawyer named Andrew Bennett who works for a healthcare organization in Florida. He is writing about the laws related to power of attorney in Florida. The article includes references to specific laws and legal documents. It was submitted by a section of lawyers who focus on real estate, wills, and trusts. The column is meant to educate lawyers and improve the practice of law.

Source: https://www.floridabar.org/the-florida-bar-journal/the-applicability-of-foreign-powers-of-attorney-to-real-property-transactions-in-florida/