Legal Question in Family Law in Florida

If a person signs the power of attorney over to her adult daughter, all done legal in an atty's office, but the P.O.A. was never filled in the Clerk's office, is it still a binding legal lower of attorney/document?


Asked on 7/23/10, 9:05 am

2 Answers from Attorneys

Carmen Demapan Blind Ear Law Group, PA.

Typically, Powers of Attorney are not filed in the Clerk's Office. It is effective so long as it is not revoked by a specific restriction on the power of attorney, for instance a time limit set forth, or the person for whom it was supposed to be acted for revokes it on her own.

Read more
Answered on 7/23/10, 1:47 pm
William Gwaltney William W. Gwaltney, Attorneys at Law

In Florida a Power of Attorney can be a very strong instrument, and they are not filed with the clerk very often. If you gave power of attorney to someone and you no longer want them to have it, you simply execute a document revoking that power and give it to the other person.

You should talk to the attorney who drafted the POA for you and see if there were any restrictions or time limits put in place.

Read more
Answered on 7/26/10, 6:47 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida