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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 55708
Experience:  29 years of experience practicing law, including tax and estate planning.
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I HAVE POA FOR MY SISTER WHO HAS ADVANCED DEMENTIA. HER SECOND

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I HAVE POA FOR MY SISTER WHO HAS ADVANCED DEMENTIA. HER SECOND OLDEST CHILD HAS ASK THAT THE POA BE TRANSFERED TO HER. MY SISTER AND I LIVE IN FLORIDA AND SHE LIVES IN INDIANA. I AM AGREEABLE TO THE TRANSFER SINCE I AM 81 AND NOT ABLE TO CONDUCT MY SISTER'S BUSINESS.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.


Good afternoon. Does your POA have a provision specifically referencing a successor POA or does it specifically give you the right to name a successor? Thanks.
Customer: replied 4 years ago.

There is no reference to a successor and the language of the document does not give me the power to name a successor.

Thanks so much for following. Pursuant to Section(NNN) NNN-NNNNof the Florida POA statute:  "Authority of agent.—
(1) Except as provided in this section or other applicable law, an agent may only exercise authority specifically granted to the agent in the power of attorney and any authority reasonably necessary to give effect to that express grant of specific authority. General provisions in a power of attorney which do not identify the specific authority granted, such as provisions purporting to give the agent authority to do all acts that the principal can do, are not express grants of specific authority and do not grant any authority to the agent." Thus, because the POA does not specifically reference your right to appoint a successor POA and does not name a successor POA, in order for the second oldest child to be appointed, there would need to be a petition filed with the court for approval.



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