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Florida Durable Power of Atorney

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Florida Durable Power of Atorney

Old 02-01-2015, 06:12 AM
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Long story short, my Dad has taken a nose dive within the last week and we just learned that he has a large mass in his lung. I know we should have had a POA in place by now, but didn't. From what I can find, it appears we can download the appropriate forms, sign, witness and notarize and it's legal in Florida.

Does anyone have any first hand experience with this and if there are any other steps I need to follow, such as recording at the County Clerk's office or something?
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Old 02-01-2015, 06:19 AM
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Make sure you're filling out the right forms.

The power of attorney lets you carry out business in your Dad's name (so to speak) on legal, banking, etc. matters while he is alive.

A durable medical power of attorney may be required to make medical decisions on your Dad's behalf, POA doesn't in such cases. DMPOA is a separate form.

Do not resuscitate order is yet another form.

Does your Dad have an attorney? That's where I'd go for help with this and, someday, sadly, for handing his estate. Whatever you choose to do now, include a discussion so you know where all his assets and records are and what final wishes he has. This is good to know whether your parent is healthy or not, because someday it will be too late to ask.
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Old 02-01-2015, 06:59 AM
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Thanks for the info Yarcraft. Pop doesn't have a tremendous amount of assets. He wrote a very basic simple will a few years ago conveying all his assets and property to me. We already put a DNR order in place at the hospital with his consent. I'm primarily concerned with being able to manage his affairs in the event he is unable to cannot do so. As of right now, it's unlikely he'll ever be able to continue life as he knew it before. If he's ever able to go home again, I doubt he'll ever be able to drive or manage well on his own and someone will have to conduct business for him. He does own a couple vacant residential lots that we'd like to do something with.
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Old 02-01-2015, 07:13 AM
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Also get a healthcare surrogate form and be sure you get a living will done and if you want a do not resesitate order.
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Old 02-01-2015, 07:15 AM
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I'm very sorry to hear about your Dad's situation. Went through something like this with my own Dad. Once I digested the news, I got down to the business of doing what needed to done- that's how I'm wired. Sounds like you have your ducks in a row more than some would at this point.

Here's a book I recommend for anyone who will face settling the estate of a loved one.
Amazon Amazon

It's written in fairly plain English by a former Michigan Assistant Attorney General. I found it useful when settling a couple of estates. There is specific information for each state, which you may find helpful in dealing with things like the real estate. IIRC, Chapter 3 has some good advice on things to do before someone passes away.

The key thing, which you may already have under control, is that someone needs to be formally appointed as the "executor" or "fiduciary" for the estate after a person passes away. That is done by the county probate courts up here, likely the same in Florida. Like the POA when your Dad is alive, the appointment as executor lets you act on the estate's behalf in doing estate business, like transferring real estate deeds, vehicle titles, etc..

You might check. Some states allow "transfer on death" deeds for real estate that bypass the probate process. Dealt with one of those in an Ohio estate, recently. Alternatively, you may use your POA to transfer property deeds to someone else while your Dad is alive and avoid the probate process there. Anything you can do to legally keep matters out of the probate court will lead to getting things done faster.

Be wary of the tax implications of transferring property while your Dad is alive.
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Old 02-01-2015, 07:41 AM
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Does a durable power of attorney for all matters stand up in states other than the one in which it was written and registered?
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Old 02-01-2015, 07:44 AM
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Originally Posted by Jimm View Post
Does a durable power of attorney for all matters stand up in states other than the one in which it was written and registered?



I know if Fl. you need 2 witnesses. If your in a state like NJ you only need 1 witness, and Fl. won't recognize the POA from NJ because of that. (Unless of course you had a good lawyer in NJ and he had 2 witnesses sign with this in mind.)
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Old 02-01-2015, 07:45 AM
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Originally Posted by Jimm View Post
Does a durable power of attorney for all matters stand up in states other than the one in which it was written and registered?
In my experience, yes, but you will need to provide written proof that you have a POA. Some people accept copies of the forms, others require original signed documents (e.g., the IRS).
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