A Power of Attorney (“POA”) that was drafted and signed in another state is valid in Florida if the POA is valid in the state where it was executed. However, the out-of-state POA will be subject to Florida’s POA Act and other Florida state laws. The attorney in fact may only act on your behalf in accordance with the terms of the POA, Florida’s POA Act, and other Florida state laws.
An example of a Florida law that out-of-state POAs may not comply with is Florida Statute 709.2202, which requires that for any of the following powers to become effective in a POA, they must be written out and specifically initialed or signed:
• Create an inter vivos trust.
• With respect to a trust created by or on behalf of the principal, amend, modify, revoke, or terminate the trust, but only if the trust instrument explicitly provides for amendment, modification, revocation, or termination by the settlor’s agent.
• Make a gift.
• Create or change rights of survivorship.
• Create or change a beneficiary designation.
• Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan.
• Disclaim property and powers of appointment.
If you have an out-of-state POA and wanted your attorney in fact to do any of the above, then the specific power would need to have been signed or initialed, which is not a common requirement in other states. If the power is not signed or initialed, then it would not comply with Florida law and you would need the draft a new POA that complies with Florida Statute 709.2202.
You should also be aware that for a POA to be accepted in certain transactions with third-parties, such as real estate transactions, the third-party may require a legal opinion on the validity of the POA from an attorney in the state where the out-of-state POA was executed. An attorney’s opinion will usually be required to come in the form of an affidavit from the attorney stating the POA complies with state law and is valid in the state it was signed.