Florida may make estate planning more convenient, but potentially more vulnerable to fraud

Photo by Melinda Gimpel on Unsplash

Florida’s legislature is considering a proposal that would allow for virtual estate planning. A bill currently on its way to the Judiciary Committee will make it possible for people to submit legal documents, such as a power of attorney, online. This may make it easier for anyone that wants to draft an estate plan, as currently those documents must be signed in person before a notary. However, the bill has a long way to go before it becomes law. 

The biggest concern raised with the bill is that it opens the door to greater potential fraud, with the elderly population perhaps being at greater risk. Representative Ben Diamond said that he imagined someone going into a nursing home with an iPad and getting several elders to click away their powers of attorney. Since those fears were raised, the bill has been amended to exclude the ability of some elderly individuals, or anyone without mental capacity, to sign these documents online. 

“It may be true that this bill would allow for greater convenience when it comes to signing estate planning documents,” says Attorney John Mangan of the Law Offices of John Mangan, P.A., “but this new legislation, unfortunately, does not adequately address the great potential for fraud that is opened by this proposal. Critics are right that the elderly, or anyone that doesn’t have the legal capacity to know what they may be signing, are particularly vulnerable. Beyond those populations, though, cyber fraud remains a concern for the general population.  It’s important we never put convenience over protection.”  

The future of this bill remains to be seen. It has not yet moved to the House floor, and a version of the bill in the Senate has not had much progress. In addition to this bill, another similar bill was proposed in 2017, but that bill did not pass. 

However, lawmakers seem to be more open to the bill now that amendments have been made. Some argue that instead of opening the elderly to fraud, the bill will actually make it easier for them to plan their estates. With so many elderly finding it difficult to move on their own, this could allow them to plan their estates with an attorney in their own homes with a simple Wifi connection. Others also say that it would allow lawyers access to the same type of technology currently provided to doctors around the state. 


Low Barr

After reading Michael Wolff’s new book, I was shocked/not shocked to find why Barr is protecting Trump’s presidential prerogatives: Money. He figures if he saves the GOP from collapse and keeps Trump in power, he’ll collect a big payday when he leaves office — or so he tells his friends.

Telephone line

There was this photographer who wanted to take me to an ELO concert, and I said no, because I didn’t realize how good they were. I’ve always regretted it! Jeff Lynne’s ELO: