Legal Question in Elder Law in Florida

My dad and mom each have a durable power of attorney signed in 2006 that names the other as attorney in fact unless they are unable or unwilling. If they are unable or unwilling, then I become the attorney in fact. If I am unable or unwilling, then my sister becomes the attorney in fact. My dad had a stroke and my mom has dementia. My dad has requested that I give a financial institution the DPA so that I can conduct business for him. The financial institution says that I need to give them an affidavit showing that the DPA is still valid because the DPA is older than a year. Can I sign an affidavit stating that I am the attorney in fact on his DPA and do I have to have proof that my mom is unable to be the attorney in fact?

Thank you for helping me in this matter!!


Asked on 7/26/12, 12:17 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Record the DPA. Have your mother's physician write a statement as to her condition. Present a certified true copy of the statement to all who asks. provide a copy of the recorded DPA to the bank. According to the statute in Florida - the DPA is good unless it is revoked by a recorded revocation. Since that has not happened, there should be no question by the bank. Tell them they have a legal department that can look that up if they need further clarification.

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Answered on 7/26/12, 12:52 pm


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