In Florida, there is no requirement that durable power of attorney forms be filed somewhere specific. Some attorneys will record the durable power of attorneys in the public records in the county where the principal is located. If the person named as agent under a power of attorney is trying to sell the principal’s house, then such a transaction would have to be recorded in the public records. Furthermore, whenever an agent has taken action on behalf of a principal using a durable power of attorney, most third parties (title companies, financial institutions, etc.) will require that the agent under the durable power of attorney execute a sworn affidavit under penalty of perjury of attorney in fact. This affidavit of attorney in fact typically swears that the person is the valid agent, has the authority to take the action that they want to take, and that the durable power of attorney has not been terminated due to the principal’s death or a revocation. This affidavit would be recorded publically, but the power of attorney document would otherwise be private and the original document could be retained by the principal.
Where Should I Store My Power Of Attorney?
In most instances, the default recommendation is for the principal to keep an original durable power of attorney document in a safe in their house so that it would be protected in the event of a flood or hurricane. Original power of attorney documents are valuable, cost money, and should be created by a qualified attorney, so it is important to keep them located in a safe place. If for any reason someone is not comfortable maintaining the original durable power of attorney documents in their home, then they can have their attorney retain them and make an agreement with that attorney with regard to when those documents should be released.
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Author Bio
Kellen Bryant, Esq.
Founder
Florida Bar Board Certified Elder Law Attorney, Kellen Bryant focuses his law practice on advising and helping caregivers with a particular focus on asset protection and preservation from long-term care costs, creditors, and predators. Kellen Bryant is AV Preeminent® Rated, meaning his attorney peers rated him at the highest level of professional excellence. Kellen Bryant was nominated and selected as a Super Lawyer, Rising Star: 2022.
