Legal Question in Wills and Trusts in Florida

Durable Power of Attorney

Does a power of attorney have any time limitations or does it have to be reexecuted after so many years. Also, I would like to know if you can take the original power of attorney and change the dates and initial the changes and then have it notorized again on the same document.


Asked on 9/26/01, 7:25 pm

1 Answer from Attorneys

Sanford Martin Martin Law Office

Re: Durable Power of Attorney

A power of attorney, generally, has no expiration date and in fact usually provides that it is effective until revoked. However, in practice, many financial institutions and others will insist that a POA be recent, depending on the nature of the POA. Regarding the inquiry regarding revision of the POA, it is not advisable and would provide another reason for its rejection. Remember that it is usually the policy of a financial institution or other party which will determine the acceptance of a POA rather than a court determination. Advice: consult with an attorney to properly prepare and execute the POA.

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Answered on 11/07/01, 11:43 am


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