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When Can Power of Attorney Be Removed in Florida?

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Through a power of attorney, a trusted person can make legal and/or financial decisions on behalf of another person. For many people, powers of attorneys are an important part of a comprehensive estate plan.

To be clear, a power of attorney is not necessarily permanent. Under Florida law (Florida Statutes § 709.2109), powers of attorney can be removed in certain circumstances. Here, our Tampa power of attorney lawyers highlight the four common examples of times when a power of attorney can be terminated.

  1. Death of the Principal 

First and foremost, a durable power of attorney will terminate upon the principal’s passing. For example, if you give your power of attorney to your adult child, that legal authority will no longer be valid on the date that you pass away. It is important to recognize this because it means that powers of attorney are not the appropriate estate planning tool to handle the distribution of your assets. On the date of a person’s death, no powers of attorney that they set up are valid.

  1. Revocation

In Florida, a principal, that being the person who gave their power of attorney to another party, has the authority to revoke it at any time—assuming that they are not deemed to be incapacitated. If you assigned your power of attorney to another party, you retain the authority to make changes. You can revoke that power of attorney, put additional limitations on it, or transfer it to another party.

  1. Accomplishment of Purpose

Powers of attorney come in a wide range of different forms. In some cases, people assign a loved one their durable power of attorney for general purposes. In other cases, powers of attorney are set up with a very limited purpose. Once that purpose has been accomplished, the power of attorney will be removed. 

  1. Negligence or Abuse 

Finally, under Florida law (Florida Statutes § 709.2114), powers of attorneys can be removed if a person acts in a negligent or abusive manner. When a person holds the power of attorney over another individual, they have a legal authority to act in the best interests of that person. Failure could result in sanctions, potentially including the termination of power of attorney and as well as financial penalties.

If you believe that a person who holds the power of attorney over your elderly parent or loved one is abusing their position—either by acting negligently or engaging in intentional misconduct—you should call an experienced attorney as soon as possible. Your lawyer can help you initiate legal action to get the powers of attorney removed for cause. 

Call Our Tampa, FL Power of Attorney Lawyer for Immediate Assistance

At Bubley & Bubley, P.A., we are a boutique law firm committed to offering clients personalized, attentive legal representation. If you have any questions about removing powers of attorney, we are here to help. To set up a confidential initial consultation, please contact us right away. We serve  communities throughout Hillsborough County, including Ozona, Apollo Beach, New Port Richey, Clearwater, and Tarpon Springs.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0709/0709.html

https://www.bubleylaw.com/understanding-the-relationship-between-guardianship-and-incapacity-proceedings-in-florida/

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Bubley & Bubley, P.A. is located in Tampa, FL and serves clients in and around Brandon, Odessa, Tampa, Oldsmar, Land O Lakes, Thonotosassa, Valrico, Wesley Chapel, Lutz, St Petersburg, Plant City & Brooksville, Safety Harbor, Holiday, Trilby, Crystal Beach, Ozona, Apollo Beach, New Port Richey, Clearwater, Tarpon Springs, Port Richey, San Antonio, Spring Hill, Lithia, Pasco County and Pinellas County.

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