If you hold a power of attorney for someone else and wish to handle that person’s business for him or her, then it is essential that others recognize the validity of your power. If they refuse to accept the POA, it could leave you in a situation where you cannot carry out your duties.
According to The Florida Bar, if a third party will not accept your legal power of attorney, then you can take that person to court. However, you must first allow the other party time to consult with his or her own attorney. If the other party still refuses to accept your POA, then he or she must give you a written reason for doing so.
Reasoning other parties may use
Many times, another person will refuse to accept your POA because he or she is unsure it is valid. You must give the person a reasonable amount of time to review the POA and validate it. The other party may check to ensure it is real and that the issuer has not revoked it. If another party accepts a POA that is invalid, it could become liable for damages.
You will have to sign an affidavit before anyone will accept your POA. This is a mandate of Florida law, and it is a legal document saying you have the rights afforded to you by the POA.
Taking the other person to court
If the refusal to accept your POA causes damages to you or the person you represent, then you may have a case in court. The court may order the other party to pay you damages, along with the expenses you incurred by going to court.
