Notwithstanding the provisions of the Power of Attorney document, “An agent may not delegate authority to a third person” (except pursuant to Florida Statute Section 518.112) or by executing a power of attorney on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose. See Florida Statute Section 709.2114(b).

The exception in Florida Statute 518.112, deals with the delegation of investment functions. It allows for the agent to “delegate any part or all of the investment functions, with regard to acts constituting investment functions that a prudent investor of comparable skills might delegate under the circumstances, to an investment agent as provided in subsection (3), if the fiduciary exercises reasonable care, judgment, and caution in selecting the investment agent, in establishing the scope and specific terms of any delegation, and in reviewing periodically the agent’s actions in order to monitor overall performance and compliance with the scope and specific terms of the delegation.”

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