Power Of Attorney Florida – Authorized Execution of Binding Arbitration Agreement
Under Florida law, an attorney-in-fact's authority is limited solely to
actions "specifically enumerated” in the durable power of attorney (Florida
Statutes Section 709.08(7)(a)). Florida attorneys often face the question of
how specific does the enumerated grant of authority in the durable Power Of
Attorney have to be?
As applied to arbitration agreements, some courts require a specific
reference to the arbitration agreement in the durable Power of Attorney in
Florida. However, other courts find that a general grant of authority in the
durable Power of Attorney in Florida is sufficient.
Most appellate courts will find a way to enforce arbitration agreements
whenever they can as they apply to a grant of Power Of Attorney in Florida.
For example, the 1st DCA Court reversed, basing its analysis on the less
stringent standard applied in the 2d DCA's Jaylene opinion, that court found
persuasive Jaylene, Inc. v. Moots, (Fla. 2d DCA) September 2008, in which
the Second District Court of Appeal declined to follow its prior opinion in
McKibbin, noting that the opinion in McKibbin does not set forth the
language of the Power Of Attorney in Florida under review in that case and
is not controlling here where the Power Of Attorney in Florida document
unambiguously makes a broad, general grant of authority to the
attorney-in-fact. In, Jaylene, the court reversed an order denying a motion
to compel arbitration. The District Court noted that the trial court did not
have the benefit of the opinion in Jaylene when it entered its order.
However, they found the reasoning in that opinion persuasive, and ruled that
issue is sufficiently similar to the Power Of Attorney Florida at issue in
that case to warrant application of that reasoning to the case at issue.
Ultimately the court reversed the order denying the motion to compel
arbitration under the Power Of Attorney Florida document that was in issue
in that case.
If you would like to consult with an attorney in Florida regarding a legal matter, or if you have questions about what you have read on The Florida Lawyer Website, then please contact us at (800) 934-5999. Lynch & Robbins has offices in St. Petersburg, Tampa, Miami, Orlando, Jacksonville and Denver CO.