CODING: Words stricken are deletions; words underlined are additions.

House Bill 0931

Florida House of Representatives - 1997 HB 931 By Representative Laurent 1 A bill to be entitled 2 An act relating to a durable power of attorney; 3 amending s. 709.08, F.S.; authorizing certain 4 corporations to act as an attorney in fact; 5 providing a limitation; providing an effective 6 date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Subsection (2) of section 709.08, Florida 11 Statutes, is amended to read: 12 709.08 Durable power of attorney.-- 13 (2) WHO MAY SERVE AS ATTORNEY IN FACT.--The attorney 14 in fact must be a natural person who is 18 years of age or 15 older and is of sound mind, or a financial institution, as 16 defined in chapter 655, with trust powers, having a place of 17 business in this state and authorized to conduct trust 18 business in this state. A not-for-profit corporation, 19 organized for charitable or religious purposes in this state, 20 which has qualified as a court-appointed guardian prior to 21 January 1, 1996, and which is a tax-exempt organization under 22 26 U.S.C. s. 501(c)(3), may also act as an attorney in fact. 23 Notwithstanding any contrary clause in the written power of 24 attorney, no assets of the principal may be used for the 25 benefit of the corporate attorney in fact, or its officers or 26 directors. 27 Section 2. This act shall take effect July 1, 1997. 28 29 30 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 931 103-160-97 1 ***************************************** 2 SENATE SUMMARY 3 Provides that certain not-for-profit corporations may act as an attorney in fact. Provides that no assets of the 4 principal may be used for the benefit of the corporate attorney in fact, or its officers or directors. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2