Florida’s new Power of Attorney Act not for faint of heart, attorney Lisa Schneider says

Gunster attorney Lisa A. Schneider provides an expert analysis of Florida’s new Power of Attorney Act, declaring it a significant departure from tradition, in a recent edition of the New York Law Journal.

Here’s an excerpt:

The most impactful provisions under the act involve the so-called ‘super powers’ under §709.2202. This section speaks to the principal’s estate plan, and includes powers to create, amend, or terminate trusts. Under the act, the term ‘estate plan’ has a much broader scope than lawyers or clients typically contemplate.

For example, gifting is considered part of estate planning and includes any power that may directly or indirectly create or affect a gift. These new ‘super powers’ essentially authorize the agent to modify the principal’s estate plan, within certain statutory parameters.

Read the entire article: Florida’s New Power of Attorney Act: Significant Departure from Tradition.

Contact author Lisa A. Schneider.

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