What if a third party requires the attorney-in-fact to sign an affidavit prior to honoring the Power of Attorney?
A third party is authorized by Florida law to require the attorney-in-fact to sign an affidavit (a sworn or an affirmed written statement), stating that he or she is validly exercising the authority under the Power of Attorney. If the attorney-in-fact wants to use the Durable Power of Attorney, the attorney-in-fact may need to sign the affidavit if so requested by the third party. The purpose of the affidavit is to relieve the third party of liability for accepting an invalid Durable Power of Attorney. As long as the statements in the affidavit are true at that time, the attorney-in-fact may sign it. The attorney-in- fact may wish to consult with a lawyer prior to signing it.
A third party is authorized by Florida law to require the attorney-in-fact to sign an affidavit (a sworn or an affirmed written statement), stating that he or she is validly exercising the authority under the Power of Attorney. If the attorney-in-fact wants to use the Durable Power of Attorney, the attorney-in-fact may need to sign the affidavit if so requested by the third party. The purpose of the affidavit is to relieve the third party of liability for accepting an invalid Durable Power of Attorney. As long as the statements in the affidavit are true at that time, the attorney-in-fact may sign it. The attorney-in- fact may wish to consult with a lawyer prior to signing it. (You may find a sample Affidavit of Attorney-in-fact at the end of this booklet.
