Posted by Rick_NY on 3/28/10 6:27pm
Msg #329358

POWER OF ATTORNEY FORM, STATE OF FLORIDA, COLLIER COUNTY?

Greetings!

I am transacting a real estate matter in the above-captioned county and need to give someone my power of attorney. I have done some Googling around and visited some T/C web sites and can't seem to find something that makes sense. Would one of you wonderful Florida notaries please be so kind as to post a link or otherwise guide me to the most current P/O/A form in a PDF file that would be suitable for executing a deed and other legal r/e documents? I did a power on a New York Blumberg form, but it occurred to me it might be constructive to also create a FL form.

T/I/A for the help!

Rick

Reply by Teresa/FL on 3/28/10 6:39pm
Msg #329360

Is a TC involved in this transaction?

If so, you should contact them regarding any specific requirements.

Also, whether you are the purchaser or seller in the transaction, if a lender is involved they will probably have some input.

You should really consult an attorney with these questions. I am sure you know a notary is not an attorney and cannot give legal advice.

Reply by Linda_H/FL on 3/28/10 6:52pm
Msg #329363

I think, in FL, the Seller chooses the TC...so

yes, from experience, one should be involved...they handle everything.

Reply by Rick_NY on 3/28/10 6:52pm
Msg #329364

Re: Is a TC involved in this transaction?

We are in the very beginning stage of contemplating a transaction, no TC is involved yet, one of the parties is called out of the country suddenly for as much as 6 to 8 months, and we're trying to prepare for contingencies.

As a property seller, the lender will not care less about the P/O/A, just the T/C (whomever they may be eventually).

I know that notaries public cannot give legal advice and get paid for it. I did state it was for my personal use.

Thanks for the speedy reply.

Reply by MikeC/NY on 3/29/10 1:52am
Msg #329387

Re: Is a TC involved in this transaction?

"I know that notaries public cannot give legal advice and get paid for it."

Actually, they can't give legal advice whether or not they get paid for it...

I don't think there is any specific form for a POA, but the TC you choose may have requirements so you're sort of putting the cart in front of the horse - choose a TC, see what they want, and go from there.

Reply by Rick_NY on 3/29/10 7:52am
Msg #329391

Re: Is a TC involved in this transaction?

Hello, Mike. Please pay particular attention to the text of the NY law appearing between the < ** > in the following text. Notwithstanding the wise advice of not representing one's self ("fool for a client, blah-blah-blah", it's not illegal.

"Judiciary Law
§484. None but attorneys to practice in the state.
**No natural person shall ask or receive, directly or indirectly, compensation for appearing for a person other than himself** as attorney in any court or before any magistrate, or for preparing deeds, mortgages, assignments, discharges, leases or any other instruments affecting real estate, wills, codicils, or any other instrument affecting the disposition of property after death, or decedents’ estates, or pleadings of any kind in any action brought before any court of record in this state, **or make it a business to practice for another as an attorney** in any court or before any magistrate unless he has been regularly admitted to practice, as an attorney or counselor, in the courts of record in the state; but nothing in this section shall apply ...."

Getting paid is apparently the issue.

Thanks.

Reply by MikeC/NY on 3/29/10 5:18pm
Msg #329475

Re: Is a TC involved in this transaction?

It IS illegal - read § 478 of Judiciary Law:

" § 478. Practicing or appearing as attorney-at-law without being admitted and registered.
It shall be unlawful for any natural person to practice or appear as an attorney-at-law or as an attorney and counselor-at-law for a person other than himself in a court of record in this state, or to furnish attorneys or counsel or an attorney and counsel to render legal services, or to hold himself out to the public as being entitled to practice law as aforesaid, or in any other manner, or to assume to be an attorney or counselor-at-law, or to assume, use, or advertise the title of lawyer, or attorney and counselor-at-law, or attorney-at-law or counselor-at-law, or attorney, or counselor, or attorney and counselor, or equivalent terms in any language, in such manner as to convey the impression that he is a legal practitioner of law or in any manner to advertise that he either alone or together with any other persons or person has, owns, conducts or maintains a law office or law and collection office, or office of any kind for the
practice of law, without having first been duly and regularly licensed and admitted to practice law in the courts of record of this state, and without having taken the constitutional oath...."

You can't practice law without a license in NY, which means you can't give legal advice. It doesn't matter if you get paid or not, it's still UPL. According to the ABA, anyone can give general legal information ("The law says such-and-such", but once you start applying the law to the specifics of a situation, you are practicing law. If you're not licensed to do so, it's UPL.

§484 relates to specific documents that you can't get paid for drawing up unless you're a registered attorney, and was probably included in the notary manual to make it clear to notaries that they can't do this stuff, but the earlier section clearly says you can't practice law AT ALL unless you're licensed.

You might also want to read this one:

"§ 485. Violation of certain preceding sections a misdemeanor.
Any person violating the provisions of sections four hundred seventy-eight, four hundred seventy-nine, four hundred eighty, four hundred eighty-one, four hundred eighty-two, four hundred eighty-three or four hundred eighty-four, shall be guilty of a misdemeanor."

Reply by Linda Hubbell on 3/29/10 5:31pm
Msg #329478

Mike....doesn't this phrase make a difference?

"....for a person other than himself ..."

I believe one can represent himself without being an attorney.

Reply by MikeC/NY on 3/30/10 5:55pm
Msg #329694

Re: Mike....doesn't this phrase make a difference?

"I believe one can represent himself without being an attorney."

Absolutely. The question is whether you can advise or represent someone else.

Reply by Rick_NY on 3/30/10 9:22am
Msg #329550

Re: Is a TC involved in this transaction?

Whatever, Mike. In this situation, I think I made it pretty clear that I was seeking guidance for my own personal use.

Best wishes.

Reply by LKT/CA on 3/28/10 6:43pm
Msg #329361

A POA can be typewritten with exactly the powers you are granting your attorney-in-fact. You don't need any official form to do that. I have notarized signatures on POA's handwritten by the principal on notebook paper.

Reply by Riley/FL on 3/28/10 6:50pm
Msg #329362

POAs are not state specific. We see them all the time in loan packages.They are usually limited POAs only to be used for a specific transaction and expire on a certain date. Most people feel more comfortable with these. I use legalzoom.com for any legal forms I need when I don't feel paying a lawyer is warranted. JMO.

Reply by Rick_NY on 3/28/10 7:04pm
Msg #329366

Thank you all for the constructive input. Here in New York, there is a statutory form. Perhaps in FL it's not required and any other state's will be accepted.

FWIW, I stumbled over this on First Am's website:

http://www.firstam.com/faf/pdf/title-wy/statutory_forms/Power_of_Attorney.pdf

I hope the "wy" is not for Wyoming! Seems to be generic.

Best regards to all for the Holidays!

Rick

Reply by jba/fl on 3/28/10 8:04pm
Msg #329369

http://www.docstoc.com/search/pOWER-OF-aTTORNEY%2C-fLORIDA/?catfilter=1

This may not be exactly what you want, but this site can be searched further. I searched: Power of Attorney, Florida. Many came up that are free.

Reply by Robert/FL on 3/28/10 8:20pm
Msg #329372

That form is fine by the notarial certificate is not acceptable for Florida. The certificate should be as follows:

STATE OF FLORIDA
COUNTY OF _______________

The foregoing instrument was acknowledged before me this _____ day of _______________, 20___, by _______________________________, who produced _____________________ as identification.

__________________________________
(Signature of Notary Public)

__________________________________
(Printed or typed name of Notary Public)

Reply by Linda_H/FL on 3/28/10 8:44pm
Msg #329377

Robert...he's in NY n/m

Reply by Robert/FL on 3/28/10 9:11pm
Msg #329378

But he said in original post this was for a Florida notary n/m

Reply by Linda_H/FL on 3/28/10 9:15pm
Msg #329379

No...he asked FL notaries for a form that would be

compliant in FL for his FL property..

"guide me to the most current P/O/A form in a PDF file that would be suitable for executing a deed and other legal r/e documents? I did a power on a New York Blumberg form, but it occurred to me it might be constructive to also create a FL form."

Reply by Rick_NY on 3/29/10 7:39am
Msg #329389

this is the one

Robert raises a valid point that the acknowledgement on the form I found initially does not indicate the form of ID checked by the notary.

This is the form I plan on using, with thanks to jba for directing me to docstoc:

http://www.docstoc.com/docs/25521251/florida-power-of-attorney-free

Thanks to all who contributed their knowledge and expertise. It's been greatly appreciated. I knew I could count on this community to help.

Reply by PAW on 3/29/10 8:07am
Msg #329392

Re: this is the one

As I'm sure you are aware, the notarial certificate only needs to comply with the state laws where the notarization takes place. Since the POA would be for yourself, and you are in NY, the notary certificate must comply with NY laws.

Personally, I have been to many POA closings where the buyer and/or seller have been out-of-state (i.e. not Florida) residents and the POA was signed and notarized in their state of residence. Many from NY.

Reply by Rick_NY on 3/29/10 8:23am
Msg #329394

Re: this is the one

PAW, you know, I suspected as much, but we were just looking for a back-up document to have in addition to the NY form. I appreciate your reasoned reply.

Reply by jba/fl on 3/29/10 8:58am
Msg #329399

Isn't this a great site? Not the 1st time I've recommended,

and probably won't be the last. I like that I can store to a folder what I want to look at, then edit from there to obtain what I feel is best for my situation. Then can still store there. Searching for what I want is the hardest part - and it is difficult to re-locate a document that really caught your attention.

If something is really necessary to your business you can embed on your own website as well.

One document everyone asks about is here from time to time is Collection Letters - some very nice ones here.

Disclaimer: I do not own stock in the company, or own part of this company,.....I do like to share great findings.