Estate Planning

By: Jacqueline R. Bowden and Phillip B. Rarick, Miami Estate Planning Attorneys

A power of attorney is a legal instrument you may give to a trusted family member or friend (commonly called your attorney-in-fact or agent) to manage your financial affairs and act on your behalf. The person creating the document is referred to as the principal. A Durable Power of Attorney (DPA) differs as it remains effective after the principal becomes incapacitated. In order for a DPA to remain effective it must include language stating that subsequent incapacity will not affect the powers of your agent.

Note: Florida’s Durable Power of Attorney law was completely rewritten effective October 1, 2011. See New Florida Durable Power of Attorney Law Makes Sweeping Changes. If you have a DPA dated prior to October, 2011, we strongly recommend that you update your DPA.

Last year I reminded you of a corporate scam called Compliance Services. This year I need to advise you that this company is still in business – and now there another highly questionable company to be on the alert.

First, if your client gets a letter that looks like an “official” letter from the state of Florida, or an email from a company called Compliance Services (not to be confused with the Florida corporation, Compliance Services, Inc.) asking for a fee of $125 for corporate minutes BEWARE. Minutes are not required to be posted with the Florida Secretary of State. Rather, they should be prepared and filed in your client’s corporate book. This company is trying to masquerade as a Florida government agency and scam your client out of $125. These messages should not be confused with notices from the Florida State Division of Corporations remindng each business entity to file its 2012 Annual Report. Such messages were sent out via email by the Florida Division of Corporations in early January.

Second, while not a scam, there is a web site that can easily confuse your client and trick them into paying extra money for filing their annual report. The “trick” site is sunbiz.com; the official web site for the state of Florida is www.sunbiz.org. Avoid sunbiz.com.

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