Florida Revocation Power of Attorney
A power of attorney in Florida is a legal document that lets some person or a group of people (agents) act on the behalf of another person (principal) in various spheres in life, depending on the type of document that is signed by the parties.
It is often a case that the power that the agent was granted is being misused by him or her, which can dissatisfy the principle of a power of attorney (POA).
And in accordance with the 709.2104 Statute of Durable Power of Attorney in Florida, it now may be very hard to revoke the power of this document through the court, as well as cost a lot.
Ways to override the POA
There are two methods that you can use to revoke your POA in Florida: legal and technical. Let us now tell you a bit more about each of them.
The main condition for a technical override to work is that the principal of POA should be legally able to answer for himself and his or her decisions.
If that is possible, here are your next steps:
- Find some other parties that would want the principal to revoke the POA.
- These parties then should present their case to a principal and ask for one of the following things:
- either for the principal to revoke the previous Power of Attorney in Florida that was given to an agent;
- or override the actions of this agent that were previously made.
For the latter choice to work, two witnesses are needed, so that they would be able to testify that such a decision was made.
However, if the principal is no longer able to answer for himself, you can only use the sources of your court for revoking the POA, as legal guardians of the principal should be chosen.
Note that by choosing this way all of the current decisions made through the POA would be put on hold. Until the court’s decision is known, you can only ask for a judge’s permission to take some actions in an emergency situation.
With this choice, one of the two of the following conditions should be present:
- The first is that either the document should no longer be in force, or that the agent of your POA is making some illegal actions. Considering the last requirement, the fact that the agent is acting not in your best interest is not considered to be illegal.
- The second condition is to check whether your agent is making decisions that are falling strictly into the scope of authority that was given to him or her.
To be more specific, your POA can be either of a general type, when various actions can be legally made, or of a specific type, such as Finances.
In the last case you can look for some misuses of your POA by the agent: try to find his or her decisions that fall out of the POA’s scope, and only then you can go to court with that.
In any case that you would choose, hiring an attorney is what we would definitely advise you to do, as the process of revoking a POA is highly technical and can include a lot of legal issues and following court trials.
You would not want to lose the case and keep suffering from the hand of your agent because of some little misinterpretation of the law by you.