Are wills, living wills and powers of attorney drawn up in Georgia recognized and legal in Florida?

Asked almost 6 years ago - Tampa, FL

When I was divorced in 2005, I had a will, living wills and Power Of Attorney drawn up in Georgia leaving all of these items up to my son (he's 45). I moved to Florida in 2007 and want to know if I need to change anything. Will my wishes be respected by the state of Florida.

Attorney answers (3)

  1. David Michael Goldman

    Pro

    Contributor Level 17

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    Answered . Generally the answer is that a will that is valid in another state is valid in Florida. This is not true for certain holographic wills. As far as the POA, FL has specific requirements in the statutes that are not in other states laws and as a result they may not be honored and you may not have the right to have them enforced in Florida Courts. Many attorneys will review out of state documents free of charge in cases like this.


    David Goldman
    Apple Law Firm PLLC
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  2. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

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    Answered . I agree with above answers and would add that power of attorneys and living wills should be updated every three years and if your documents are older than three years-get new Florida documents.

  3. Lance Martin McKinney

    Contributor Level 10

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    Lawyer agrees

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    Answered . Florida's statue on wills, living will and health care surrogates specifically recognize these documents if they are valid where signed(in another state). Florida's power of attorney statute does not automatically recognize another states power of attorney. Florida requires, two witnesses and a notary if real estate is being considered. Also, Florida requires that the power of attorney specifically state all of the power or authority granted.

    I would recommend that you see counsel in Florida to both review your documents and consider your other circumstances as a whole for any other needed planning.

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