Florida's Adoption of the Uniform Power of Attorney Act: Is It Sufficient to Protect Florida's Vulnerable Adults

Authors

Rebecca C. Bell

First Page

32

Document Type

Article

Abstract

This article evaluates the effectiveness of the Florida Power of Attorney Act ("Florida's Act") in providing additional protections for Florida residents executing a power of attorney, while maintaining the principal's autonomy. Part II provides the development and purposes of the UPOAA, which appealed to the drafters of the Florida Act. Part III details the benefits and limitations of the UPOAA and the Florida Act's modifications as related to the agent's duties, authorities, and liabilities. Florida's modifications of the UPOAA, however, require improvement to further protect the principal. Finally, Part IV examines the weaknesses that remain in the durable power of attorney laws and the viability of additional reforms suggested by other authors. The author concludes that the best additional reforms should address educating the principal and agent better, which includes revising the law to add agent requirements to further abuse prevention. Appendix A provides a chart of the UPOAA sections relating to the agent's duties, authorities, and liabilities with the Florida Act's modifications for comparison.

Recommended Citation

Rebecca C. Bell, Florida's Adoption of the Uniform Power of Attorney Act: Is It Sufficient to Protect Florida's Vulnerable Adults, 24 St. Thomas L. Rev. 32 (2011).
Available at: https://scholarship.stu.edu/stlr/vol24/iss1/3