draft a Durable Financial Power of Attorneypursuant to Chapter 709.08, Florida Statutes for Peter Piper.

At this stage of his life, Mr. Piper would like his sister, Patricia Pickleman, to handle his financial affairs. She is 18 years his junior and has worked with him professionally since graduation from college. She knows him and his business very well. He has finally retired at the age of 81 and no longer wants to be bothered with any financial details. Mr. Piper completely trusts his younger sister to take over his finances. Mr. Piper wants to give his sister financial authority to conduct his business including banking transactions as provided in section 709.2208(1), If his sister becomes unwilling or unable to handle his finances, then he wants his best friend, Peck Pickerton, to step in and run his financial affairs.

Pursuant to Florida Statute, the Durable Financial Power of Attorney is a legal document which allows an individual to appoint someone to make decisions with regard to his or her financial situation. Mr. Piper wants his DFPOA to become effective immediately upon execution and remain in effect even if he becomes incapacitated from any type of cognitive impairment. He wants us to create a document to allow him to designate his sister to manage his financial affairs. Further he wants to be able to revoke the DFPOA at any time as long as he of sound mind to do so, but if he should become incapacitated mentally - he wants the power of attorney stay in effect.

Furthermore, he also wants this document to terminate automatically upon his death. If witnesses are required you may make up their names for the purposes of this assignment.

Remember, a general power of attorney in Florida is revoked upon the principal's incapacity, a durable power of attorney is NOT revoked upon the principal's incapacity.

TheFinancial Durable Power of Attorney becomes effective upon execution and remains in effect even if you become incapacitated. The purpose of this document is to give you the opportunity to designate a person to manage your financial affairs. If you become mentally incapacitated in your later years, this power of attorney instrument is durable and remains in effect until you die. Furthermore, this document may be revoked at any time as long as you are of sound mind to do so. Make sure to reviewFlorida State 709.2208(1) and 709.2104before you draft your document.

A power of attorney that includes the statement that the agent has "authority to conduct banking transactions as provided in section 709.2208(1), Florida Statutes" grants general authority to the agent to engage in the following transactions with financial institutions without additional specific enumeration in the power of attorney:

(a)Establish, continue, modify, or terminate an account or other banking arrangement with a financial institution.

(b)Contract for services available from a financial institution, including renting a safe-deposit box or space in a vault.

(c)Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution.

(d)Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them.

(e)Purchase cashier's checks, official checks, counter checks, bank drafts, money orders, and similar instruments.

(f)Endorse and negotiate checks, cashier's checks, official checks, drafts, and other negotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due.

(g)Apply for, receive, and use debit cards, electronic transaction authorizations, and traveler's checks from a financial institution.

(h)Use, charge, or draw upon any line of credit, credit card, or other credit established by the principal with a financial institution.

(i)Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.

(2)A power of attorney that specifically includes the statement that the agent has "authority to conduct investment transactions as provided in section 709.2208(2), Florida Statutes" grants general authority to the agent with respect to securities held by financial institutions or broker-dealers to take the following actions without additional specific enumeration in the power of attorney:

(a)Buy, sell, and exchange investment instruments.

(b)Establish, continue, modify, or terminate an account with respect to investment instruments.

(c)Pledge investment instruments as security to borrow, pay, renew, or extend the time of payment of a debt of the principal.

(d)Receive certificates and other evidences of ownership with respect to investment instruments.

(e)Exercise voting rights with respect to investment instruments in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.

(f)Sell commodity futures contracts and call and put options on stocks and stock indexes.

To look it up in Westlaw see the Fla. Jur. Forms.

10 Florida Jur Forms Legal & Bus. 35:121

Florida Jur Forms Legal and Business

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September 2023 Update

Estate Planning

Chapter 35. Wills

IV. Will Drafting Generally

B. Forms

1. Will Preparation and Ancillary Forms