Florida Powers of Attorney

There was a substantial change in Florida law back on October 1 this year which many are not aware of. Chapter 709 Florida Statutes relates to Powers of Attorney and this was amended to be more like the Uniform Power of Attorney Act ("UPOAA") adopted by many states. New powers of attorney are subject to the Act. A new power of attorney must now always be signed by the principal and by two subscribing witnesses, and be acknowledged by the principal before a notary public. Notably, a photocopy or electronic copy of a power of attorney has the same effect as an original. Springing Powers of Attorney are no longer allowed. A springing Power of Attorney is a
power of attorney that does not come into effect until the principal is deemed incapacitated. General powers are also no longer permitted. Powers of Attorney must be specific. To learn more see http://ping.fm/Jctmg

If you are a UK resident considering emigrating to the USA and do not have family or a career which is in high demand in the USA your only option is often to consider investment visas. Many Brits have used the E-2 nonimmigrant visa. This visa however will NEVER result in a green card and could mean your departure should the business not thrive. If you can put the necessary funds together, you should instead look at the EB-5 visa which will get you a conditional green card right away. If done through a regional development center it will require a $500,000 investment which when kept with the selected center for the two year period will result in the removal of the conditional status. Most centers will require a longer period. Always use independent lawyers to consider the best regional center for you.

If you are a UK resident owning property in Florida in foreclosure and you were not timely physically served in the UK with a copy of the complaint & summons the court may not have the necessary "personal jurisdiction" over you required for the lender to eventually obtain a deficiency judgment. Take advice from a Florida attorney before doing a deal with the lender or going on the record with any letters or responses to the court.

Aside from the US embassy or consulate, there is no such thing as a "US notary", as all notaries are appointed by the individual US states. US state-appointed public notaries are generally not authorised under state law to notarise documents outside their state borders nevermind the US border. The commission of a notary public is limited to the jurisdiction within the particular state in the U.S. for which the commission was issued. It is only the state of Florida which authorises (further to Florida Statute 118) the right for Florida Civil Law Notaries (not public notaries) to notarise documents outside of the US border. Most US states do acknowledge the use of foreign notaries and the Hague convention. Generally you must look to the state's legislation to determine what notaries outside the USA are acceptable.

Holding US property as "tenants in common" rather than jointly may be advantageous for foreign nationals.

If you are not a U.S. resident and looking to buy property in Florida or the USA generally, consider the implications of title on US estate tax before signing a contract.

Use forum selection clauses in your contracts to avoid problems of personal jurisdiction over the other parties