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Topic: Power of Attorney in Florida  (Read 36 times)

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Power of Attorney in Florida
« on: Today at 08:29:23 AM »
Hi All-

So here is the situation in full. My elderly dual citizen US/UK mother and father living here in the UK can't travel back to the US anymore. We need to get a POA (Power of Attorney) for  the state of Florida for health and finance signed here in the UK. Is anyone familiar with Florida law? I am working on getting us an appointment at the US consulate to notarize the POA.

1-Would this be legal in Florida if notarized in the UK at the consulate?
2 - Does anyone know if it is true that Florida requires two witnesses to the signing of a POA?
3- Is it possible for the witnesses to be related to the people getting the POA or must they be unrelated?

They are not returning to the States but have banking in Florida and thus require a POA.

Thanks so much.

NWKH
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Re: Power of Attorney in Florida
« Reply #1 on: Today at 09:44:36 AM »
Not sure why they’d need a POA for FL if they live in the UK. Sadly as they can no longer travel, why not think about closing down their FL life and then get a LPA for the UK. Unless they eventually plan to end up in a FL care facility, I don’t see the point? The financial side could be overcome if they still have capacity.


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Re: Power of Attorney in Florida
« Reply #2 on: Today at 10:37:32 AM »
Barcrest-

Thanks. That's exactly one of the reasons we are getting the financial POA. My sister who lives in Florida has a financial POA but if anything were to happen to her after my parents pass I would have no power over their finances in Florida. So gotta get it. We are divesting those assets but it will take time.
UK Spouse Visa
Married: 2001 (Both Living in the US)
Biometrics: 27 Dec 2017
Received in Sheffield: 02 Jan 2018
Decision email: 24 Jan 2018 (17 Bus. Days)
Returned mail: 28 Jan 2018 It's a YES!!!
Landed in UK: 11 Feb 2018
Granted FLR(M): 22 Oct 2020
Granted ILR:  28 Feb 2023
Citizenship Granted:  18 Jan 2024


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  • Posts: 550

  • Liked: 46
  • Joined: Jan 2012
Re: Power of Attorney in Florida
« Reply #3 on: Today at 11:00:39 AM »
An important thing to remember here is that any POA ends on death. Your sister will have no authority post death. Assets will then pass via Will & depending on how it’s written; Executors will then be in charge. If you’re trying to do what I think you are, add you/sister on as joint to these accounts. Also POD is a handy tools if there is no Real Estate involved. Simplification is the best strategy in situations like this. Good luck with it…


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