Posted by Barb25 on 1/12/09 6:03pm
Msg #274286

Florida. Powers of the AIF and Limitations

Florida Statutes. Section 709.08. Section 7(b)2. This probably has been posted before. I don't know. But I guess it says it all.

(7) POWERS OF THE ATTORNEY IN FACT AND LIMITATIONS.--

(a) Except as otherwise limited by this section, by other applicable law, or by the durable power of attorney, the attorney in fact has full authority to perform, without prior court approval, every act authorized and specifically enumerated in the durable power of attorney. Such authorization may include, except as otherwise limited in this section:

1. The authority to execute stock powers or similar documents on behalf of the principal and delegate to a transfer agent or similar person the authority to register any stocks, bonds, or other securities either into or out of the principal's or nominee's name.

2. The authority to convey or mortgage homestead property. If the principal is married, the attorney in fact may not mortgage or convey homestead property without joinder of the spouse of the principal or the spouse's legal guardian. Joinder by a spouse may be accomplished by the exercise of authority in a durable power of attorney executed by the joining spouse, and either spouse may appoint the other as his or her attorney in fact.

(b) Notwithstanding the provisions of this section, an attorney in fact may not:

1. Perform duties under a contract that requires the exercise of personal services of the principal;

2. Make any affidavit as to the personal knowledge of the principal;

3. Vote in any public election on behalf of the principal;

4. Execute or revoke any will or codicil for the principal;

Reply by Susan Fischer on 1/12/09 11:35pm
Msg #274322

"2. Make any affidavit as to the personal knowledge of the

principal." Since affidavits are taken under oath, it appears a notary can't take the oath of a POA and complete a jurat.

So far, isn't that two states that have statutory language regarding this issue?