Legal Question in Real Estate Law in Florida

Re: What makes a Power of Attorney legal?

It must be signed by the person who is granting authority (the principal) and typically signed by the person receiving the authority (the agent) and notarized by a notary public. The authority granted may be broad or limited in scope and can expire on any date set forth in the POA or upon the death of the grantor/principal. Depending on the state, certain other rules may apply.

Re: What makes a Power of Attorney legal?

The previous replies should adequately answer your question. Note, the opersative words that make the poa legal is that the document is a statutory creature and the governing law must be strictly followed.

Re: What makes a Power of Attorney legal?

Since this question appeared as a real property/ real estate question, I will presume that you are referring to a Power of Attorney for Real Estate. In order to be effective, it must list the specific powers the maker intends to convey to his/her attorney in fact. It should give the legal description of the property involved. It must be signed with the same formality as a deed or it will not be valid (i.e. in the presence of two witnesses and a notary public). It should have a beginning date and an ending date if applicable.

A real estate Power of Attorney is far more specific than most powers of attorney. I strongly suggest that you hire a qualified attorney to prepare the instrument if you intend to rely upon it at a later date. If might cost you far more to find out that a Power of Attorney which you drafted is not valid to convey the real property in question.

Scott R. Jay, Esq. 305-249-8000