Legal Question in Elder Law in Florida

Unilateral Power of Attorney

I have durable POA over my mother who is physically, but not mentally, incapacitated. POA states that I have authority to transact bank activity on her behalf.

However a legal representative of one bank states that I must also provide a notarized letter of intent (LOI), signed by my mother, in addition to the POA, because my mother is not mentally incapacitated. (No such clause exists in the POA.)

Question...isn't the POA a legal document that grants me all the rights stated in the document, unilaterally? Can the bank legally place caveats on the POA, like the notarized LOI? Are there any contingencies associated with a POA, other than specifically stated in POA itself?

Thanks in advance.


Asked on 9/08/05, 11:19 pm

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: Unilateral Power of Attorney

If the power of attorney is properly drawn and executed, they are bound to recognize it. That is why they changed the statute in 1995. If you go to this web address you can read the statute. Paragraph (11), copied below, tells you what your remedy is: http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0709/SEC08.HTM&Title=->2005->Ch0709->Section%2008#0709.08

"(11) DAMAGES AND COSTS.--In any judicial action under this section, including, but not limited to, the unreasonable refusal of a third party to allow an attorney in fact to act pursuant to the power, and challenges to the proper exercise of authority by the attorney in fact, the prevailing party is entitled to damages and costs, including reasonable attorney's fees."

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Answered on 9/09/05, 7:16 am


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