POWER OF ATTORNEY GUIDE - MacDill Air Force Base

POWER OF ATTORNEY GUIDE
Office of the Staff Judge Advocate, MacDill Air Force Base, Florida (813) 828-4422
Power Of Attorney
A Power of Attorney is one of the strongest legal documents that an individual can give to
another person. The person to whom you give the Power of Attorney is called your “agent.”
The Power of Attorney authorizes your agent to act on your behalf and to carry on your
business in your absence. Acts performed by the agent and authorized by the Power of
Attorney are legally binding on you. PLEASE NOTE that third parties (banks, businesses,
etc.) may not want to accept or acknowledge your Power of Attorney; however, it is
possible to force third parties to honor the document (see below).
The MacDill Legal Office provides three types of powers of Attorney - “General” “Special” (or
“Limited”) and “Durable.” Powers of attorney are generally available on a walk-in basis
during normal business hours.
General Powers of Attorney
A General Power of Attorney gives your agent the right to conduct practically any business
transaction you could do personally, including the right to sell your property and take out
loans in your name for which you will be responsible. In the past, some individuals have
sold property, closed bank accounts, run up credit card debts, and even gotten divorced, all
legally, because they had a “General” Power of Attorney. Consequently, a “General” Power
of Attorney is seldom necessary. In fact, it may be less effective than a “Special” Power of
Attorney. A “General” Power of Attorney is so broad in nature that agencies may refuse to
recognize or accept them. This is particularly true for real estate transactions.
Special Powers Of Attorney
A “Special” Power of Attorney authorizes your agent to do one or more specific acts, such as
register a car, ship household goods, cash a paycheck, check with Finance to see how much
you got paid, buy or lease a house, sign for government housing, or any other specific acts.
A “Special” Power of Attorney is usually more effective than a “General” Power of Attorney
because the agency knows the agent is authorized to conduct the specific transaction in
question. The MacDill Legal Office prepares “Special” Powers of Attorney on a variety of
topics to meet your specific situation.
NOTE: You should grant a Power of Attorney only for the absolute minimum amount of time
necessary to accomplish the act set out in the power of attorney. The maximum amount of
time our office will issue a Power of Attorney for is one year.
Durable General Power Of Attorney
A Durable General Power of Attorney gives your agent the right to conduct your business
transactions if you become incapacitated by an illness, such as a coma or stroke. This
power of attorney only becomes effective upon your incapacity. It is revoked upon your
death. A Durable General Power of Attorney is very effective if you do not have joint
accounts or property, such as bank accounts, property or mutual funds. This document
6AMW/JA, MacDill Air Force Base, Florida Current As of July 2012

allows your Power of Attorney to access you bank accounts, pay your bills and care for your
property while you are unable. Without this document or joint accounts, your family would
need to go to court to obtain guardianship of you to be able to access your financial
accounts. Consult your legal assistance officer or civilian attorney concerning obtaining a
Durable General Power of Attorney.
Revocation of Powers Of Attorney
Your non-durable Powers of Attorney, both “General” and “Special,” are automatically
revoked upon your disability, death, the termination date specified on the document itself,
or when all copies of the document are destroyed. Otherwise, it is extremely difficult to
revoke a Power of Attorney effectively or completely.
What is the procedure for a principal to revoke a Power of Attorney?
Written notice must be served on the attorney-in-fact and any other party who might rely
on the power. The notice must be served either by any form of mail that requires a signed
receipt or by certain approved methods of personal delivery. Special rules exist for serving
notice of revocation on banks and other financial institutions. Consult with your lawyer to be
sure proper procedures are followed.
How should the attorney-in-fact sign when acting as an attorney-in-fact?
The attorney-in-fact will always want to add after his or her signature that the document is
being signed “as attorney-in-fact for” the principal. If the attorney-in-fact only signs his or
her own name, he or she may be held personally accountable for whatever was signed. As
long as the signature clearly conveys that the document is being signed in a representative
capacity and not personally, the attorney-in-fact is protected. Though lengthy, it is,
therefore, best to sign as follows:
John Doe, as attorney-in-fact for Susan Smith
What if the third party will not accept the Power of Attorney?
If the Power of Attorney was lawfully executed and it has not been revoked, suspended or
terminated, third parties may be forced to honor the document. Due to changes in the law,
Durable Powers of Attorney executed on or after October 1, 1995, are provided special
enforcement authorizations. An older document may be enforced as well. Under some
circumstances, if the third party’s refusal to honor the Durable Power of Attorney causes
damage, the third party may be liable for those damages and even attorney’s fees and court
costs. Even mere delay may cause damage and this too may be actionable. It is reasonable,
however, for the third party to have the time to consult with a lawyer about the Power of
Attorney. Banks will often send the Power of Attorney to their legal department for
approval. Delay for more than a short period may be unreasonable. Upon refusal or
unreasonable delay, consult an attorney.
Florida Statutes: Chapter 709 of the Florida Statutes contains the full statutory law on
Powers of Attorney. http://www.leg.state.fl.us/Statutes/index.cfm?
The material in this handout represents general legal advice. The law is continually
changing; although the information in the handout was current as of the date it was drafted,
some provisions in this pamphlet may have changed. It is always best to consult an
attorney about your legal rights and responsibilities regarding your particular case.
6AMW/JA, MacDill Air Force Base, Florida Current As of July 2012