Legal Question in Real Estate Law in Florida

Re: power of attorney

A valid POA is good in every state.

Re: power of attorney

You received sharply conflicting advice from two Florida attorneys.

I'm not sure I can tell you which is right, but probably the truth lies somewhere in between.

Most states in the U.S. have adopted a more-or-less uniform statute covering general-purpose powers of attorney (as opposed to health care POAs) and these states recognize POAs issued in other states that have adopted the same law, or a closely similar law.

Nevertheless, recognition and acceptance of POA forms varies from individual to individual, bank to bank, title insurer to title insurer, broker to broker, and so forth, despite efforts by the legislatures of the states to get widespread acceptance of the standard national POA form being adopted almost everywhere.

For this reason, attorneys often ask the party or parties who are going to be asked to honor the POA what form they are happiest with. Of course, this works best when the specific parties can be identified in advance, such as a particular escrow company.

So, the bottom line is that a standard California or Ohio POA should work in FL, and might be accepted by 98% of parties and institutions, but the other 2% might look at it and say, justifiably or not, "This isn't good enough for me."

Try to find out who will be asked to accept the POA and what they want.

Re: power of attorney

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You will need a Florida power of attorney which is specific in regards to all matters regarding the real property. A general power of attorney will not suffice. It must meet certain standards under Florida law in order to be effective to transfer real property.

I strongly suggest that you engage a qualified Florida real estate attorney to draft this instrument for you in order to avoid problems in the future. It should be done for a reasonable cost.

Scott R. Jay, Esq.