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 [..]
Category: Power of Attorney
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.
A third person who in good faith accepts a power of attorney that appears to be executed in the manner required by law at the time of its execution may rely upon the power of attorney and the actions of the agent which are reasonably within the scope of the agent’s authority and may enforce [..]
1. A provision authorizing an agent to engage in a transaction affected by a conflict of interest which is inserted into a power of attorney as the result of the abuse of a fiduciary or confidential relationship with the principal by the agent or the agent’s affiliate is invalid. 2. Affiliates of an agent include: A. The [..]