Legal Question in Wills and Trusts in Florida

"Florida Durable Powers of Attorney which is valid?

2 DPAs signed on the same exact day 1/1/11, giving 2 different people the same exact powers. One lives in FL and other in Italy, the 2 witnesses also live in 2 different foreign countries. Neither document says that the 2 named people are to act together. Are both of these DPAs valid or do they cancel each other out since 2 differrent people have the same exact powers? If they are both valid can they be challenged and how? Any law to show the 2 documents are not valid?


Asked on 3/01/12, 7:15 pm

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

They could be valid. would have to see them. However, to challenge -you could challenge the legality of the signatures . If not properly executed then they are not valid.

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Answered on 3/02/12, 5:10 am
Frank J. Pyle Probate Attorney Throughout Florida

If correctly executed (sounds virtually impossible), each is valid. If the two agents (attorney-in-fact) were to give someone conflicting instructions, I would imagine that third party would refuse to honor either of them.

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Answered on 3/03/12, 7:04 am


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