Power of Attorney Executed in Another State

A power of attorney executed in another state, which does not comply with the execution requirements for a power of attorney executed in Florida, is valid in this state if:

            a.         when the power of attorney was executed, the power of attorney and

            b.         its execution complied with the law of the state of execution.

A third person who is requested to accept a power of attorney that is valid in this state solely because of this may in good faith request, and rely upon, without further investigation, an opinion of counsel as to any matter of law concerning the power of attorney, including the due execution and validity of the power of attorney. An opinion of counsel requested under must be provided at the principal’s expense.

A third person may reject a power of attorney that is valid in this state solely because of this if the agent does not provide the requested opinion of counsel, and in such case, a third person has no liability for rejecting the power of attorney. This does not affect any other rights of a third person who is requested to accept the power of attorney under this part, or any other provisions of applicable law.

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