Will a power of attorney from another state work in Florida?

Valid is not the same as accepted

Florida law says a power of attorney signed in another state is valid here if it complied with that state's law when it was signed. The same statute lets a bank or other third party ask for an opinion of counsel on that question, at the principal's expense. In practice your agent may be standing at a teller window with a form the bank has never seen.

Florida's "superpowers"

Some powers are too important to grant in boilerplate. In a Florida power of attorney, the principal must separately sign or initial next to each of them. They include the power to create, amend, or revoke a trust; to make gifts; to create or change rights of survivorship; to create or change a beneficiary designation; to waive a survivor benefit under a joint and survivor annuity or retirement plan; and to disclaim property.

These are exactly the powers a family needs when planning for long-term care or updating an estate plan for someone who can no longer sign. Whether an agent under an older out-of-state form can exercise them in Florida is a question we answer document by document.

How we Floridize it

A new Florida durable power of attorney with the superpowers initialed, Medicaid planning authority spelled out, and successor agents who can actually act. Once it is signed, we revoke the old documents in writing so two sets of agents are never in play.

Common questions

Do I need a new power of attorney when I move to Florida?

Your old one is usually still valid. Most people who move here benefit from a Florida power of attorney anyway, because Florida institutions know the form and it contains the separately initialed powers Florida law requires.

Can a bank refuse an out-of-state power of attorney?

Florida law lets a third party request an opinion of counsel on an out-of-state power of attorney before accepting it, and sets rules for when a refusal is permitted. Families often meet delay even when the document is valid.