Before issuance of Letters of Administration, any person may carry out written instructions of the decedent relating to the decedent’s body and funeral and burial arrangements. The fact that cremation occurred pursuant to a written direction signed by the decedent that the body be cremated is a complete defense to a cause of action against [..]
When Medicare beneficiaries elect the hospice benefit, they waive Medicare coverage for all care and services related to the terminal illness that are not on the hospice plan of care and provided through the hospice provider. This means that when a terminally ill beneficiary elects hospice, all of the medications needed to control the pain [..]
A third person who improperly rejects a power of attorney is subject to: 1. A court order mandating acceptance of the power of attorney; and 2. Liability for damages, including reasonable attorney fees and costs, incurred in any action or proceeding that confirms, for the purpose tendered, the validity of the power of attorney or [..]
A third person who rejects a power of attorney for any reason other than as provided in paragraph (1)(a) must state in writing the reason for the rejection. (1) A third person is not required to accept a power of attorney if: (a) The third person is not otherwise required to engage in a transaction with the [..]
A third person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
A third person must accept or reject a power of attorney within a reasonable time. Four days, excluding Saturdays, Sundays, and legal holidays, are presumed to be a reasonable time for a financial institution or broker-dealer to accept or reject a power of attorney with respect to: 1. A banking transaction, if the power of [..]
1. Third persons who act in reliance upon the authority granted to an agent and in accordance with the instructions of the agent shall be held harmless by the principal from any loss suffered or liability incurred as a result of actions taken before the receipt of proper notice. 2. A third person who acts [..]
A third person who is asked to accept a power of attorney that appears to be executed in accordance with Florida law may in good faith request, and rely upon, without further investigation: 1. A certified English translation of the power of attorney if the power of attorney contains, in whole or in part, language other [..]
A third person may require: 1. An agent to execute an affidavit stating where the principal is domiciled; that the principal is not deceased; that there has been no revocation, or partial or complete termination by adjudication of incapacity or by the occurrence of an event referenced in the power of attorney; that there has [..]
Without limiting what constitutes good faith, a third person does not accept a power of attorney in good faith if the third person has notice that: 1. The power of attorney is void, invalid, or terminated; or 2. The purported agent’s authority is void, invalid, suspended, or terminated.