Legal Question in Wills and Trusts in Florida

power of attorney

I have ''general power of attorney (with specific termination date)'' of my finacee and I went to the bank this morning to get my name put on her account and they denied this form. Can they do that? There reasons were that it had a specific termination date and that it had a clause that stated that the form would be invalid in case of death, disability or incapacity, thus they couldn't tell if she was either of the three. Could you tell me if they are in the right to reject this form and what can I do?


Asked on 6/26/03, 12:59 pm

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: power of attorney

You are out of luck unless your power of attorney is "durable", meaning it has a statement in it that it continues to be valid if the maker becomes incompetent. See Florida Statute at:

http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0709/SEC08.HTM&Title=->2002->Ch0709->Section%2008

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Answered on 6/26/03, 8:58 pm


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