A Florida Power of Attorney (“POA”) enables you (the “Principal”) to appoint someone (your “Agent”) to act on your behalf. POAs can grant your Agent broad authority to act on your behalf, but there are some actions that an Agent cannot do. Examples include:
• Agent cannot transfer the POA to someone else.
• Agent cannot make decisions for the Principal after the Principal’s death.
• Agent cannot perform illegal acts on the Principal’s behalf.
• Agent cannot perform personal services under a contract on behalf of the Principal.
• Agent cannot sign an affidavit as to the personal knowledge of the Principal.
• Agent cannot vote in a public election on behalf of the Principal.
• Agent cannot execute or revoke a will or codicil on behalf of the Principal.
• Agent cannot exercise the powers granted to the Principal as trustee or court appointed fiduciary.
See Florida Statute 709.2201.
It also needs to be noted that your Agent cannot take certain actions on your behalf unless those actions are specifically initialed or signed by you (the Principal) in the POA. These actions include:
• 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.
See Florida Statute 709.2202.