Legal Question in Real Estate Law in Florida
Out of State Power of Attorney
My mother is in a nursing home in NY unable to handle her affairs. I need to inquire about her real estate holdings in Florida and assume that I need a power of attorney to do that. This power of attorney would be limited to making inquiries and disposition of the property. Do I use a Florida or NY form? If a Florida form is needed is a NY notary okay?
2 Answers from Attorneys
Re: Out of State Power of Attorney
It would be easy enough to have a Florida Power of Attorney drafted for the Florida realty. It does not matter that it would be notarized in NY. Finally, your mother must fully understand that she is signing a Power of Attorney.
Re: Out of State Power of Attorney
There is no cookie-cutter form, but the language used should be legally sufficient and binding both in Florida and New York. It does not matter if the notary public is from New York, Florida or Kansas so long as the notary public is present to witness the execution of the instrument and confirms the identity of the person signing the instrument, which instrument should be signed by both you and your grandmother (your signature would merely be a sample or specimen to indicate to others what your signature looks like). Seek the advice of counsel and good luck.
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