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Wills, Trust, Probate & Elder Law Firm, PLLC
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This month is National Family Caregivers Month. This is a great opportunity to educate the public about the role and importance of caregivers and how elder law is involved.

I am looking to select a Caregiver of the Year based on the following criteria:

Criteria:
a. Caring for an elderly or disabled loved one.
b. Has dealt with some issues related to elder law in the past year.
c. Has sacrificed a part of their lives, such as job and income, time with other family and friends, recreation activities, to care for the loved one and/or has gone above and beyond in their efforts in a way recognized by the elder law attorney.
d. Willing to consider talking to the media about their story. (I can hide the ID of the person they are caring for if needed.)

This will involve awarding the caregiver an award with potential local media coverage.

The deadline for selection is this Friday November 11, 2016.

If you know of someone, or think you meet the criteria, please let me know ASAP.
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This month is National Family Caregivers Month. This is a great opportunity to educate the public about the role and importance of caregivers and how elder law is involved.

I am looking to select a Caregiver of the Year based on the following criteria:

Criteria:
a. Caring for an elderly or disabled loved one.
b. Has dealt with some issues related to elder law in the past year.
c. Has sacrificed a part of their lives, such as job and income, time with other family and friends, recreation activities, to care for the loved one and/or has gone above and beyond in their efforts in a way recognized by the elder law attorney.
d. Willing to consider talking to the media about their story. (I can hide the ID of the person they are caring for if needed.)

This will involve awarding the caregiver an award with potential local media coverage.

The deadline for selection is this Friday November 11, 2016.

If you know of someone, or think you meet the criteria, please let me know ASAP.
Add a comment...

Department of Elder Affairs Warns Floridians of Phone Scam

Beware of aggressive callers posing as senior service providers

Tallahassee - The Department of Elder Affairs is warning Florida residents to watch out for scam artists who are allegedly making calls pretending to be the Department or an organization they refer to as Senior Services. These callers are using a method known as "spoofing" to make it appear on Caller ID as if the call is coming from a number belonging to the Florida Department of Elder Affairs' fax line - (850) 414-2004.

The callers are asking for personal information, including credit card information for payment of services, including funeral insurance, and are attempting to defraud those they call. Several individuals from across the state, including many who are not elders, have contacted the Department of Elder Affairs about the harassing calls.

The Department of Elder Affairs does not solicit payment for services of clients over the phone, nor does it contact individuals in this manner. As technology progresses, scammers and con artists, are finding new ways to exploit elders, including scam phone calls appearing to be from trustworthy organizations, like Elder Affairs or law enforcement.

The Department of Elder Affairs reminds you to never give out personal information to unknown individuals who call you, including credit card or bank account information, technology passwords, or your Social Security number. If you receive a call from (850) 414-2004, do not provide the caller with any personal information; simply hang up. If you received one of these calls and provided payment to the callers, please contact your local law enforcement to file a report.

# # #
The Department of Elder Affairs, the State Unit on Aging, serves seniors as they live, contribute, and build legacies in Florida. For more information, please visit www.elderaffairs.org
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Florida Power of Attorney
Rejecting Power of Attorney
Improper Rejection 
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A third person who improperly rejects a power of attorney is subject to:
1. A court order mandating acceptance of the power of attorney; and
2. Liability for damages, including reasonable attorney fees and costs, incurred in any action or proceeding that confirms, for the purpose tendered, the validity of the power of attorney or mandates acceptance of the power of attorney.
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Florida Power of Attorney
Rejecting Power of Attorney
Reason for Rejecting
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A third person who rejects a power of attorney for any reason other than as provided in paragraph (1)(a) must state in writing the reason for the rejection.
(1) A third person is not required to accept a power of attorney if:
(a) The third person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(b) The third person has knowledge of the termination or suspension of the agent’s authority or of the power of attorney before exercising the power;
(c) A timely request by the third person for an affidavit, English translation, or opinion of counsel under Florida Statute Section 709.2119(4) is refused by the agent;
(d) Except as provided in paragraph (b), the third person believes in good faith that the power is not valid or that the agent does not have authority to perform the act requested; or
(e) The third person makes, or has knowledge that another person has made, a report to the local adult protective services office stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
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Florida Power of Attorney
Rejecting Power of Attorney
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A third person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. 
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Florida Power of Attorney & Similar Instruments
Rejecting Power of Attorney
Banking & Investment Transactions
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A third person must accept or reject a power of attorney within a reasonable time. Four days, excluding Saturdays, Sundays, and legal holidays, are presumed to be a reasonable time for a financial institution or broker-dealer to accept or reject a power of attorney with respect to:
1. A banking transaction, if the power of attorney expressly contains authority to conduct banking transactions pursuant to Florida Statute Section 709.2208(1); or
2. An investment transaction, if the power of attorney expressly contains authority to conduct investment transactions pursuant to Florida Statute Section 709.2208(2). 
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Florida Power of Attorney 
Good Faith Acceptance
Third Party’s Who Act in Reliance
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1. Third persons who act in reliance upon the authority granted to an agent and in accordance with the instructions of the agent shall be held harmless by the principal from any loss suffered or liability incurred as a result of actions taken before the receipt of proper notice. 
2. A third person who acts in good faith upon any representation, direction, decision, or act of the agent is not liable to the principal or the principal’s estate, beneficiaries, or joint owners for those acts.
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Florida Power of Attorney 
Good Faith Acceptance
What a Third Party May Request
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A third person who is asked to accept a power of attorney that appears to be executed in accordance with Florida law may in good faith request, and rely upon, without further investigation:
1. A certified English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English;
2. An opinion of counsel as to any matter of law concerning the power of attorney if the third person making the request provides in a writing or other record the reason for the request; or
3. The affidavit stating:
A. Affiant’s authority has not been suspended by initiation of proceedings to determine incapacity or to appoint a guardian or a guardian advocate;
B. Affiant’s authority has not been terminated by the filing of an action for dissolution or annulment of Affiant’s marriage to the principal, or their legal separation; 
C. There has been no revocation, or partial or complete termination, of the power of attorney or of Affiant’s authority.
D. Affiant is acting within the scope of authority granted in the power of attorney.
E. Affiant agrees not to exercise any powers granted by the Power of Attorney if Affiant attains knowledge that the power of attorney has been revoked, has been partially or completely terminated or suspended, or is no longer valid because of the death or adjudication of incapacity of the Principal.
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Florida Power of Attorney
Good Faith Acceptance
What a Third Party May Require
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A third person may require:
1. An agent to execute an affidavit stating where the principal is domiciled; that the principal is not deceased; that there has been no revocation, or partial or complete termination by adjudication of incapacity or by the occurrence of an event referenced in the power of attorney; that there has been no suspension by initiation of proceedings to determine incapacity, or to appoint a guardian, of the principal; that the agent’s authority has not been terminated by the filing of an action for dissolution or annulment of marriage or legal separation of the agent and principal; and, if the affiant is a successor agent, the reasons for the unavailability of the predecessor agents, if any, at the time the authority is exercised.
2. An officer of a financial institution acting as agent to execute a separate affidavit, or include in the form of the affidavit, the officer’s title and a statement that the officer has full authority to perform all acts and enter into all transactions authorized by the power of attorney for and on behalf of the financial institution in its capacity as agent.
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