14
Currents
November 2018
By: Martin Zevin, P.A.
Out Of State Legal Documents: Are They
Valid In Florida?
Bailey Woodruff Real Estate Co., Inc.
SPECIALISTE DE LA
CLIENTELE FRANCOPHONE
ENGLISH & FRANCAIS
27 Years Real estate experience
Pauline Morissette, P.A.
954-899-7967
954-482-0352
DIRECT
OFFICE
[email protected]
1874 C West Hillsboro Blvd. • Deerfield Bch Fl 33442
As many of our snowbirds come back to
Florida, a common question is: do my legal papers
from another state work in Florida? With some
exceptions, the answer is no.
There are three main documents that protect
you in Florida if you become incapacitated: Designa-
tion of Health Care Surrogate, Written Declaration,
also known as Living Will and the Durable Power of
Attorney. Other states may have different names for
these documents, but their substance is similar: you
are designating one or more persons to take care of
making medical decisions for you if you are unable to
communicate and to take care of your legal and
financial affairs if you become incapacitated. Every
state is like a different country. Each state has its
own laws and regulations regarding these three doc-
uments. The law in Florida is very clear regarding
language, required references to specific Florida
Statutes, HIPAA compliant language for the Health
Care Surrogate and requirements for initialing spe-
cific powers for which the Durable Power of Attorney
will apply. It is unlikely that you can find on line the
appropriate language that is necessary to create
documents that will be effective in Florida. Our cur-
rent Durable Power of Attorney document is 26
pages to be sure that it conforms to the new Florida
law. If you have similar documents from another
State, it is likely that they will not be valid in Florida.
Therefore, for my snowbird clients who divide
their time primarily between two states, I recommend
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