Legal Question in Real Estate Law in Florida

Re: Durable Power of Attorney

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I have no idea whether your Durable General Power of Attorney would be acceptable having never seen the document but I would guess quite strongly that it will not. A power of attorney to sell homestead property in Florida has to meet certain statutory requirements. At the least, it must be executed with the same formalities that a Deed in Florida is executed including two witnesses and a notary public.

The Power of Attorney must identify with specificity the homestead property to be sold. Accordingly, the address and legal description must be set forth thereon.

I strongly suggest that you consult with an attorney who can review the actual instrument and prepare the proper Power of Attorney if not correct for a very reasonable fee.

Scott R. Jay