Attorney Kellen Bryant explains what happens to your out-of-state power of attorney documents when you move to Florida.

If you’ve recently moved to Florida from another state, you may be wondering whether your existing power of attorney documents are still valid. The short answer is yes, but there are important considerations that may make updating them worthwhile.

Types of Power of Attorney Documents

This discussion covers two main types of power of attorney:

• Financial Durable Power of Attorney – For all financial matters
• Medical Durable Power of Attorney – Called a “Designation of Healthcare Surrogate” in Florida

Yes, They Are Valid in Florida

Florida law reciprocates with other states, meaning if your power of attorney was valid in your home state where it was created, then it’s valid in Florida.

This reciprocity applies to both financial and medical power of attorney documents from other states.

Why You Should Consider Updating Them Anyway

Despite their validity, there are practical reasons why updating your power of attorney documents is strongly recommended:

Financial Power of Attorney Challenges

When you present an out-of-state financial power of attorney to a Florida bank or credit union (especially those with no other banking presence outside Florida), they may:

• Question the document’s validity
• Request a letter from your attorney in your old state confirming the power of attorney is valid
• Create delays and red tape that could prevent immediate access to your accounts

The red tape alone involved in validating an out-of-state document could be more trouble than simply updating your power of attorney to comply with Florida law.

Medical Power of Attorney Considerations

Medical power of attorney documents from other states should work when presented to Florida doctors. However:

• Other states may call this document a “medical power of attorney” or “healthcare proxy”
• Florida specifically recognizes this as a “Designation of Healthcare Surrogate”
• Having a Florida-specific document eliminates any potential confusion about terminology

The Benefits of Getting a Fresh Start

Updating your power of attorney documents in Florida provides several advantages:

• Immediate recognition by Florida institutions
• No red tape when the documents need to be used
• Current Florida law compliance and terminology
• Peace of mind that your documents will work smoothly when needed

Bottom Line: While your out-of-state power of attorney documents are legally valid in Florida, updating them can save you significant time and hassle when you actually need to use them.

Take Action

Don’t wait until you need to use your power of attorney documents to discover potential delays or complications. Getting everything fresh and up-to-date in Florida helps avoid red tape when these important documents need to be used.

It doesn’t hurt to get your powers of attorney updated to ensure smooth operation under Florida law.

This information is provided by Attorney Kellen Bryant. For personalized legal advice about updating your power of attorney documents in Florida, consult with a qualified estate planning attorney.

Related Videos