Some Florida lawmakers want to make it easier for banks to foreclose on homes. Orlando attorney Sherri DeWitt discusses a bill being pushed at the state capital and the possible impact it could have on Orlando citizens facing foreclosure.

1. An individual can no longer make a “springing” power of attorney. A springing power of attorney is a power of attorney that becomes effective in the event of disability or some future event such as incapacity. There is an exception for certain military powers of attorney that become effective upon active enrollment in the military. Springing powers of attorney have routinely been used in Florida, for examples between husbands and wives. In the event a husband or wife became incapacitated, then the power of attorney would “spring “ into effect to allow the other to act on his or her spouse’s behalf. These kinds of powers of attorney are no longer valid in Florida.

2. If more than one agent is named, then one agent can now act unilaterally, absent explicit written language otherwise. Under the old act, the presumption was that all of the agents who had the power of attorney needed to consent to an action before it could be taken.

3. Banks now can require a written opinion that a power of attorney is valid. The new act gives the bank four business days to review powers of attorney to see if they will accept them. This is troubling for snowbirds or for those just moving to Florida. If you fall into these categories, it is wise to let the Bank review the power of attorney BEFORE any anticipated use.

4. The grantor or giver of a power of attorney must now specifically sign or initial any provision that allows for “superpowers.” Superpowers are those powers that allow the person appointed in the power of attorney to make changes to the grantor’s estate planning documents, i.e. to revoke trust, change beneficiaries on retirement accounts or annuities or life insurance policies, or to waive spousal benefits.

Unless the power of attorney provides otherwise, any power of attorney is entitled to reimbursement for expenses reasonably incurred on behalf of the principal. Only qualified agents, however, are entitled to compensation. Compensation must be reasonable under the circumstances. Qualified agents include: the spouse or heir of the principal, a financial institution with trust powers and a place of business in Florida, an attorney or accountant licensed in Florida, or a natural person who is a Florida resident and has never been an agent for more than three principals at the same time.

The intent of these changes in Florida’s power of attorney act is to make Florida’s act more similar to the Uniform Power of Attorney Act, with certain modifications.

These changes to Florida’s Power of Attorney Act are not retroactive, so Florida powers of attorney drafted before October 1, 2011 are still valid if they comply with the Florida law that existed when they were executed, with certain exceptions.

Out-of-state powers of attorney are still valid if drafted and executed in accordance with the laws of the State where they were signed.

If you have any doubt whether your power of attorney is valid, give it to your bank for immediately review or contact your attorney. Even if it is valid, your life situation may have changed so that a revision to your power of attorney might be prudent.

Most child support payors are offended and embarrassed to learn that their wages will be garnished. Then insult is added to injury when they are required to pay fees to the state and possibly their employer for the garnishment. Likewise, the child support payee is often upset to learn that the money will not be paid directly. They are often counting on that first payment, and that money is now caught up in a process that is causing delay.

As genuine as those concerns are, the benefits of the Florida State Disbursement Unit make it a blessing. This system allows all child support payments to be tracked and accounted for. No longer does the payor have to worry that the payee will claim that they did not receive the money. Similarly, the payee does not have to worry about how they will show that they did not get money that the payor did not send. The state’s neutral accounting of these payments are recorded by the court’s clerk, and either party can get a reliable accounting. The small fees and short delay in the payment are small concerns in comparison to the lengthy, uncertain, and expensive legal battles that would occur if a reliable accounting of the payments did not exist.

If you are paying or receiving child support payments or alimony through the Florida State Disbursement Unit you should embrace the system that may save you from future litigation. The system has been refined and improved over the years, and now child support payments can even be made online at My County Florida. That same webpage can show you your payment history and detail your account. Plus the system now offers payment methods that are more convenient than direct payment.

Take it from someone who has seen payments made with the system and without the system, we are all better off with it in place.

Florida was the only state in the entire country that maintained this type of ban on gay marriage. Other states, like Arkansas and Utah, have also banned gay adoption, but those laws are limited to gay couples. In Florida the law was the most expansive, stating “No person eligible to adopt under this statute may adopt if that person is a homosexual.” Thus, Florida’s law was not limited to couples, but also included gay people that were single and seeking to adopt individually.

The Florida ban on gay adoption was instituted in 1977, and it was not until 2008 that a trial judge in Miami found the law to be unconstitutional, and not until 2010 that the ruling was endorsed by an appellate court. When the trial court’s decision was appealed, many groups showed support to uphold the decision to ban gay adoption. Notably, Governor Christ retreated from his previous position on gay adoption and strongly endorsed a ban on the law. Likewise, the Department of Children and Families now agrees that gay and straight people make equally good parents.

Despite the ruling of the Appellate Court, it remains likely that the Supreme Court of Florida will be asked to hear the case. Finality will not be given to the issue until the Supreme Court of Florida has expressly ruled on a gay adoption case.