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FAQ

How do I revoke the power of attorney over me in the state of of Florida, and does the TPOA need to be present in order for me to revoke it?
I don’t practice in Florida. In Washington, where I am licensed to practice, you’d just file a notice of revocation of power of attorney (POA) and serve it on the previously granted POA. Also file a copy with your county auditor.For Florida Law, go to a local law school or find the county’s law library (sometimes co-located in the county courthouse). You will likely find a librarian or local attorney who can point you in the right direction.If you are military your local JAG Office should have a revocation form for you.Finally, if things have gone badly with whoever you granted the POA, you should revoke it as quickly as possible.
How do you fill out the articles of organization for an LLC in Florida?
Quoting Instructions for Articles of Organization (FL LLC) :FILING ONLINE OR BY MAILThese instructions are for the formation of a Florida Limited Liability Company pursuant to s.605.0201, F.S., and cover the minimum requirements for filing Articles of Organization.Your Articles of Organization may need to include additional items that specifically apply to your situation. The Division of Corporations strongly recommends that legal counsel reviews all documents prior to submission.The Division of Corporations is a ministerial filing agency. We cannot prany legal, accounting, or tax advice.Limited Liability Company NameThe name must be distinguishable on the records of the Department of State.You should do a preliminary search by name before submitting your document.The name must include:Limited Liability Company, LLC or L.L.C., ORChartered, Professional Limited Liability Company, P.L.L.C. or PLLC if forming a professional limited liability company.Do not use or assume the name is approved until you receive a filing acknowledgment from the Division of Corporations.Principal Place of Business AddressThe street address of the LLC’s principal office.Mailing AddressThe LLC’s mailing address, if different from the principal address. (P.O. Box is acceptable.)Registered Agent Name and AddressThe individual or legal entity that will accept service of process on behalf of the business entity is the registered agent.A business entity with an active Florida filing or registration may serve as a registered agent.An entity cannot serve as its own registered agent. However, an individual or principal associated with the business may serve as the registered agent.The registered agent must have a physical street address in Florida. (Do not list a P.O. Box address.)Registered Agent’s SignatureThe registered agent must sign the application.The signature confirms the agent is familiar with and accepts the obligations of s.605.0113(3), F.S.If a business entity is designated as the Agent, a principal (individual) of that entity must sign to accept the obligations.If filing online:The registered agent must type their name in the signature block.Pursuant to s.15.16, F.S., electronic signatures have the same legal effect as original signatures.NOTE: Typing someone’s name/signature without their permission constitutes forgery pursuant to s.831.06, F.S.Limited Liability Company PurposeA Professional Limited Liability Company (which is formed under both Chapter 605 and Chapter 621, F.S.) must enter a single specific professional purpose. Example: the practice of law, accounting services, practicing medicine, etc.Non-professional companies are not required to list a purpose, but may do so.Manager/Authorized RepresentativeThe names and street addresses of the authorized representatives or managers are optional.Manager: a person designated to perform the management functions of a manager-managed limited liability company. Use MGR.Authorized Representative: a person who is authorized to execute and file records with the Division of Corporations. Use AR. See 605.0102(8), F.S., for more information.A Manager or Authorized Representative may be an individual or business entity.Do not list members.NOTE: If you are applying for workers‡ comp exemption or opening a bank account, Florida’s Division of Workers‡ Compensation and your financial institution may require this information to be designated in the Department of State’s records.Effective DateAn LLC’s existence begins on the date the Division of Corporations receives and files your Articles unless your Articles of Organization specify an acceptable alternate “effective” date.LLCs can specify an effective date that is no more than five business days prior to, or 90 days after, the date the document is received by our office.If you are forming your LLC between October 1 and December 31st, but don’t expect to transact business until the next calendar year, avoid filing an annual report form for the upcoming calendar year by listing an effective date of January http://1st.By specifying January 1st as the effective date, your LLC’s existence will not officially begin until January 1st of the following calendar year, even though your entity is already on the Division’s records.The January 1st effective date will allow you to postpone your LLC’s requirement to file an annual report form for one calendar year.SignatureMust be signed by at least one person acting as the authorized representative.If filing online: The authorized representative must type their name in the signature block. Electronic signatures have the same legal effect as original signatures.Correspondence Name and EmailPlease pra valid email address.If filing online: The filing acknowledgment and certification (if any) will be emailed to this address.All future email communications will be sent to this address.Keep your email address up to date.Certificate of StatusYou may request a certificate of status.This item is not required.A certificate of status certifies the status and existence of the LLC and verifies the LLC has paid all fees due to this office through a certain date.Fee: $5.00 eachCertified CopyYou may request a certified copy of your Articles of Organization.This item is not required.A certified copy will include a filed stamped copy of your Articles of Organization and will verify that the copy is a true and correct copy of the document in our records.Fee: $30.00 eachAnnual Report NoticeEvery LLC is required to file an annual report to maintain an “active” status in our records.If the limited liability company fails to file the report, it will be administratively dissolved.The filing period for annual reports is January 1st to May 1st of the calendar year following the LLC’s date of filing or, if listed, its effective date.The annual report is not a financial statement.The report is used to confirm or update the entity’s information on our records.
In Pennsylvania, is it possible to get a family member out of a senior living facility if the power of attorney is against doing so? If so, how?
If the family member is competent, they can do as they like, as far as staying in or leaving a facility. If the person is not competent, it is up to the power of attorney. If there is concern about abuse or fraud, you can report abuse here Report Elder Abuse. You can also speak to an elder law attorney about your options. But barring abuse of some kind, there isn’t much a third party can do.When Family Members Feud Over Power of Attorney
Is it legal for a power of attorney to empty out and close a safe deposit box "before" the death of the owner and not inform the other key holder of what she was doing?
It depends on the circumstances. If the person who owns the box is incapacitated, the other key holder does not have an ownership interest, but rather is simply a key holder, and the power of attorney is a durable power of attorney, there is nothing per se inappropriate about removing the items, as long as the POA person appropriately manages them. It is common to remove the items before death, because once the person dies it becomes more complex to get access. If the will or another important documents that will be needed immediately after death are contained within the box, it would make sense for the POA to access the box before death. Or to check and see what is in the box and store the items for safekeeping.
How does someone who has the Durable Power of Attorney sign checks, to pay bills for example, for the person who is incapacitated?
First make sure the power of attorney gives you that authority. Some are just for healthcare decisions, not financial transactions. If you don’t have financial , authority, consult a family or elder law attorney to find out what your options are.Then sign the document with the name of the person who gave you the POA, followed byBy: your nameHis/her attorney in fact.
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