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Humor
See other Humor Articles

Title: Be a man, try running Liberty Post
Source: LP
URL Source: [None]
Published: Jan 12, 2015
Author: Sneakypete and TooConservative
Post Date: 2015-01-12 16:37:59 by tpaine
Keywords: None
Views: 118687
Comments: 263

>> TooConservative-- Before you just shut it down, have you done any tally of results? Just eyeballing it, it looks like tpaine is probably above 60%.

>> Sneakypete---- Seems to ME that if TPaine is serious he would quit being a wuss and stand up like a man and say he will accept a 51 percent vote tally by regular posters as a victory and step up to the plate.

----It isn't me that would have to be a man and take all the bullshit... It would be the moderator. And my choice for mod would have been TooConservative, or Sneakypete, or even better, both of you.

----Tell you what, if you two take over mod/tech functions, I'd be willing to put up the money for the first year as the 'owner', and take responsibly for any legal problems we might encounter.

>> After all,he has never pretended to be anything other than a Libertarian with a "Big L",and since when have Bil L Libertarians ever demanded a 75 percent vote for anything?

-----I've never belonged to the big 'L' party. I consider myself a constitutional libertarian, who votes (mostly) republican.

>> In MY mind,if he doesn't man up and and accept ownership if he gets the majority of the votes,he was never serious about it to start with.

---I'll call your bluff. Put up (joining me, as above) or shut up about man-ing up.

>> I personally hope this isn't the case because I think all political discussion boards need Big L Libertarian owners/moderators. Anyone else and they just turn into partisan party arms preaching the party line with no dissent allowed. Without dissent there is no discussion.

---Here's your chance to put your man-ing up with your mouth. How bout it?

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Comments (1-150) not displayed.
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#151. To: TooConservative, SOSO, A K A Stone, Devil Anse (#147) (Edited)

     What is this persistent reference to canary cage and canaries? Obviously I missed the memo.
Canary: "I don't know anything about this Canary cage..."
Anyone who posted at LP knows what a Canary is.
And you keep telling us how well-known you were at LP and how many posters here at LF know your LP handle. So name them.
But you won't, will you?

I like you dude. But to be honest you have been badgering (SOSO) since his first post. Or close to it.
So if anyone came in here and read the conversations from the beginning.
They would agree. It seems like anything he said is a reaction.
I don't give a crap who he was at LP. I don't care if you two were enemies at LP. This is a different place.
A K A Stone posted on 2015-01-14 22:30:46 ET

Spartacus  posted on  2015-01-14   23:34:17 ET  Reply   Trace   Private Reply  


#152. To: SOSO (#122)

Man, you really are in need of a blow job more than any white man in history.

No thanks. Keep your diseased potty mouth to yourself.

Tooconservative  posted on  2015-01-14   23:34:47 ET  Reply   Trace   Private Reply  


#153. To: TooConservative (#152)

Man, you really are in need of a blow job more than any white man in history.

No thanks. Keep your diseased potty mouth to yourself.

Give it a rest, witless. You have worn thin.

SOSO  posted on  2015-01-14   23:36:34 ET  Reply   Trace   Private Reply  


#154. To: SOSO (#149)

But to help you sleep better tonight I will tell you that..............you will never know, at least not from me.

But I do know who knows. And it is telling you won't just admit who they are either.

I can almost hear those cellphones dialing, emails flashing past. Gatlin just happens to show up now, flying wingman for you...

It's not a mystery at all.

Tooconservative  posted on  2015-01-14   23:38:17 ET  Reply   Trace   Private Reply  


#155. To: SOSO (#153)

Like that is going to happen.

Tooconservative  posted on  2015-01-14   23:40:03 ET  Reply   Trace   Private Reply  


#156. To: tpaine (#150)

I've used mine for 18 years, except for........

Ah, a bit hypocritical you are. Only you have good reason for exception and only you should be unquestioned about it. Thanks for clearing that up.

I don't know how many forums you post on over the years but I have only done so one, and that was LP. So I am still monogamous but I am funny that way. Sorry if that is unacceptable to you.

SOSO  posted on  2015-01-14   23:41:57 ET  Reply   Trace   Private Reply  


#157. To: TooConservative (#154)

But I do know who knows. And it is telling you won't just admit who they are either.

Yes, it is telling about something. Sleep tight, witless.

SOSO  posted on  2015-01-14   23:43:20 ET  Reply   Trace   Private Reply  


#158. To: TooConservative (#154)

I believe you had SOSO on bozo once at LP.

But as many as received him, to them gave he power to become the sons of God, even to them that believe on his name (John 1:12)

redleghunter  posted on  2015-01-14   23:43:50 ET  Reply   Trace   Private Reply  


#159. To: TooConservative (#154)

It's not a mystery at all.

Then expsoe me to the world if that will sooth your soul. Over and out.

SOSO  posted on  2015-01-14   23:44:30 ET  Reply   Trace   Private Reply  


#160. To: redleghunter (#158)

I believe you had SOSO on bozo once at LP.

That wouln't have been nice, would it? Oh well, he is what he is.

SOSO  posted on  2015-01-14   23:45:34 ET  Reply   Trace   Private Reply  


#161. To: Spartacus (#151)

Oh no I'm being quoted. You know sometimes when I go back and read some of the stuff I say on here. I'm like what the ..... Why did I say that.

A K A Stone  posted on  2015-01-14   23:48:09 ET  Reply   Trace   Private Reply  


#162. To: A K A Stone (#161)

I don't know why you said that, I know TooConservative was becoming desperate at the time.

I don’t think human being learn anything without desperation.
Desperation is a necessary ingredient to learning anything or creating anything
If you ain’t desperate at some point, you ain’t interesting ~ Jim Carrey

But then it has always been the nature of TooConservative to appear to be too desperate when
things don't go his way or he cannot get the answer he wants.

Spartacus  posted on  2015-01-14   23:55:50 ET  Reply   Trace   Private Reply  


#163. To: SOSO (#156)

I've always advocated using just one pseudonym. I've used mine for 18 years, except for when I was playing JR's game at FR for a few months.

Ah, a bit hypocritical you are. Only you have good reason for exception and only you should be unquestioned about it.

Question away..

I don't know how many forums you post on over the years but I have only done so one, and that was LP.

Why do you think I care? Do you have a point?

So I am still monogamous but I am funny that way. Sorry if that is unacceptable to you.

Frankly soso, you have me confused with someone who cares about your acceptability..

tpaine  posted on  2015-01-15   0:01:21 ET  Reply   Trace   Private Reply  


#164. To: tpaine (#163)

Ah, a bit hypocritical you are. Only you have good reason for exception and only you should be unquestioned about it.

Question away..

I am not that interested. It is of no weight other than the hypocrisy it reveals about you.

"Frankly soso, you have me confused with someone who cares about your acceptability."

Then why did you express an opinion about it and accuse me of badgering?

SOSO  posted on  2015-01-15   0:04:41 ET  Reply   Trace   Private Reply  


#165. To: nolu chan (#139)

Property that escheats shall be sold as provided in the Florida Probate Rules

Domains expire.

Palmdale  posted on  2015-01-15   0:22:13 ET  Reply   Trace   Private Reply  


#166. To: SOSO, tpaine, Pericles, TooConservative (#148)

So you prefer that the state disposed of LP?

I stated no personal preference. I stated what the law says must be done. As one preference though, I would prefer that the site not go into the hands of a robber or felon or anyone with a Federal Bureau of Prisons Number.

But you stated an exception, namely Goldi not being the owner of LP (whatever owner means). As you well know, the one that pays the bills is not always the owner.

If Goldi was not the owner at her death, then someone else was. I have no indication that anyone else was the owner at the time of Goldi's death. Nobody else ever claimed to be the owner and Goldi was listed as the registrant until a change was made at the end of December.

Who had the legal respopnsiblity for LP upon Goldi's death? If the state, did it immediately step in? What would have been the reasonable time expectation for the state to have marshalled Goldi's estate and deal with LP? Would LP have even shown up in the state's marshalling?

Responsibility passed to the state of Florida for Goldi's estate. They work on attempting to find a will, trying to identify relatives near or distant, and identify all assets and dispose of them as stated in the law.

69.164.197.124/cgi-bin/readart.cgi?ArtNum=349764

On December 21, sysadmin advised that,

UPS packages were piling up in front of her condo, so the management called police on November 13th to check on her. She was found deceased inside her condo unit.

http://69.164.197.124/cgi-bin/readart.cgi?ArtNum=349764&Disp=73#C73

On December 22, sysadmin advised,

Goldi's case is in the hands of the "Major Cases Unit" at the sheriff's office which has been attempting unsuccessfully to find next-of-kin. The body is with the Medical Examiner's office and the actual cause of death has not yet been determined.

So, more than five weeks after Goldi's body was discovered, sysadmin reports that the case is in the hands of the Major Cases Unit and the cause of death has not yet been determined.

The Major Cases Unit does not usually investigate death from natural causes for five weeks. The authorities found the cat. They should find Liberty Post with little effort.

As for how fast the state stepped in, maybe they stepped in immediately. What is the Major Cases Unit investigating? Maybe they want to watch and investigate something before going all public.

Are you going to sue sysadmin and/or Neil? Can tpaine or pericles sue them for wisking away LP from their grasp?

For what? I have not been damaged. Neither has tpaine or Pericles either. They only "lost" an opportunity to buy from sysadmin something that could not legally be sold. Even the state of Florida must expend a certain amount of time trying to locate relatives. And we could all still attend the auction.

Beside the domain name, what assets does/did LP have?

LP is not a legal entity and has no assets. Goldi had assets which now belong to the estate of Goldi which include the archive of LP. All of it, including PM and E-mail.

There were those of us that wanted our personal information redacted if ownership passed to another person and made this known to sysadmin and/or Neil. Who legally would have been responsible for assuring that happened before ownership of LP changed hands?

The state of Florida would be responsible since Goldi's death. However, the Major Cases Unit might consider the non-public information to be evidence in an investigation.

"The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property."

"When a person dies leaving an estate without being survived by any person entitled to a part of it, that part shall escheat to the state."

"Property that escheats shall be sold as provided in the Florida Probate Rules and the proceeds paid to the Chief Financial Officer of the state and deposited in the State School Fund."

Who could I have sued if my personal info wasn't redacted as I expressly wished?

Beats me. I suppose you could ask the state of Florida authorities to take custody of it and protect it.

It seems to me that the old saying applies here, No harm, no foul. But I may be wrong.

The Major Case Unit is not usually called in on no harm, no foul cases and still have them five weeks after the body is found. Why was the Major Case Unit called in?

nolu chan  posted on  2015-01-15   0:46:47 ET  Reply   Trace   Private Reply  


#167. To: Palmdale (#165)

Domains expire.

And "Property that escheats shall be sold as provided in the Florida Probate Rules and the proceeds paid to the Chief Financial Officer of the state and deposited in the State School Fund."

nolu chan  posted on  2015-01-15   0:48:24 ET  Reply   Trace   Private Reply  


#168. To: nolu chan (#167)

And "Property that escheats shall be sold as provided in the Florida Probate Rules and the proceeds paid to the Chief Financial Officer of the state and deposited in the State School Fund."

Are expired domains property under the Florida Probate Rules?

Don't assume your premise.

Palmdale  posted on  2015-01-15   1:04:49 ET  Reply   Trace   Private Reply  


#169. To: tpaine (#145)

Chan, if memory serves, the sysadmin posted at least once, early on, that he had NOT had any recent communication with Goldi before her death.

Here is what I find.

http://69.164.197.124/cgi-bin/readart.cgi?ArtNum=349764&Disp=2#C2

#2. To: Dead Culture Watch (#1)

Thank you. Unfortunately I am at the age where this kind of thing has become all too common. It's still a shock, I spoke to her on the phone not long before she passed and there was no indication that her health problems were so severe.

sysadmin posted on 2014-12-21 19:20:21 ET

http://69.164.197.124/cgi-bin/readart.cgi?ArtNum=349764&Disp=29#C29

#29. To: domer (#28)

From the post on this thread it appears that she was alone at the end.

Unfortunate if so. I have not seen Goldi in person since she moved years ago. I assumed that she had developed a circle of friends and people to hang out with in her new environs, but perhaps that was not the case. (She never really talked much about her personal life.)

sysadmin posted on 2014-12-21 23:40:52 ET

nolu chan  posted on  2015-01-15   1:12:21 ET  Reply   Trace   Private Reply  


#170. To: Palmdale (#168) (Edited)

Are expired domains property under the Florida Probate Rules?

I did not assume that it was, or was not, expired. It was not expired when Goldi died and it passed to the custody of the state of Florida. You are free to volunteer to explain to the state of Florida how Panama became involved.

http://www.libertypost.org/cgi-bin/readart.cgi?ArtNum=349905

With the new year upon us I suppose it is time now to discuss where LP is going from here. We do need to bear in mind that anything we decide is contingent on the site not being taken over as part of Goldi's estate. Although very unlikely, it is something that should be kept in mind.

Title: Where do we go from here?

Post Date: 2015-01-02 14:57:10 by sysadmin

It seems sysadmin decided not to wait until the estate was probated. He decided to act before the state of Florida could.

nolu chan  posted on  2015-01-15   1:18:02 ET  Reply   Trace   Private Reply  


#171. To: Palmdale (#165)

Domains expire.

Not if they have been expropriated and renewed.

Tooconservative  posted on  2015-01-15   1:30:52 ET  Reply   Trace   Private Reply  


#172. To: nolu chan (#170)

I did not assume that it was, or was not, expired...

He decided to act before the state of Florida could.

You assume that Florida could act before it expired. You also assume that it would bother.

Don't think so.

Palmdale  posted on  2015-01-15   1:31:20 ET  Reply   Trace   Private Reply  


#173. To: TooConservative (#171)

Not if they have been expropriated and renewed.

When has the state of Florida ever "expropriated and renewed" a privately held domain name?

Palmdale  posted on  2015-01-15   1:33:11 ET  Reply   Trace   Private Reply  


#174. To: nolu chan (#170)

I did not assume that it was, or was not, expired. It was not expired when Goldi died and it passed to the custody of the state of Florida.

LP went dark last year when Goldi forgot to renew the DNS name. I recorded it and it expired at 12:01 today, 1/15/15. My intent was to remind her (which I did for sysadmin a week or so ago when my calendar app reminded me.

sysadmin renewed it under his own name unless he had some other entity he could transfer it to.

Tooconservative  posted on  2015-01-15   1:33:54 ET  Reply   Trace   Private Reply  


#175. To: nolu chan (#170)

It seems sysadmin decided not to wait until the estate was probated. He decided to act before the state of Florida could.

Wait for what?

Should he have kept the forum operational while waiting to hear from the state of Florida?

Should he have left the site unmoderated, and subject to lawsuits so the state of Florida could inherit a copyright infringement case as a defendant as part of Sally's estate?

Should he keep footing monthly bills from the host provider waiting for the State of Florida to reimburse him?

Should he have let the domain name expire so the State of Florida could grab it up?

Should he have shut down the web site, like he did?

What act did he do that is so terrible?

What, pray tell, would you have done in SysAdmin's place? Please enlighten us!

Pinguinite  posted on  2015-01-15   1:33:58 ET  Reply   Trace   Private Reply  


#176. To: nolu chan, tpaine (#99)

Unless Goldi did not own LP when she died, neither sysadmin, nor Neil, were lawfully "empowered" to do anything that they did. Because they had the password, they had the ability to do things. They were no longer "empowered" by Goldi to do anything.

I'm not a lawyer, so I'm not going to lose any sleep over the legal distinction between "empower" and "having access."

If tpaine doesn't agree with Neil & sysadmin's decision, he can take them to probate court...
No wait, tpaine doesn't have legal standing to do that, does he?
Oh well, Neil & sysadmin still acted responsibly to protect LP from being vandalized until Goldi's estate is settled. And tpaine should thank his lucky stars that he didn't illegally acquire control of Goldi's property.

"Some people march to a different drummer — and some people polka."

Willie Green  posted on  2015-01-15   4:57:03 ET  Reply   Trace   Private Reply  


#177. To: All (#176)

Looks like the accusatory verbage, instigating, flame baiting and boorish behavior has already started, my that didn't take long. Looks like the Gay Canary Posse has arrived in full force and has grown by a few members, or would that be a few logons?

"Comme ci, comme ça"

“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”

CZ82  posted on  2015-01-15   6:00:13 ET  Reply   Trace   Private Reply  


#178. To: tpaine (#95)

Yep, some bozo, --- bozoed me.

Don't feel bad I'm still bozo'd from when he was here before using another logon.

“Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.”

CZ82  posted on  2015-01-15   6:31:54 ET  Reply   Trace   Private Reply  


#179. To: nolu chan (#166)

They only "lost" an opportunity to buy from sysadmin something that could not legally be sold.

Thanks for the response. But if memory serves sysadmin made it quite clear that he wasn't selling LP.

"The Major Case Unit is not usually called in on no harm, no foul cases and still have them five weeks after the body is found. Why was the Major Case Unit called in?"

Excellent question. Based on it I am sooooooooo happy that LP is shut down and that my personal info will be redacted. Who knows in what Goldi may have been entangled, with who and why tpaine and pericles were so interested in getting their hands on LP. How's that for setting off another conspiracy thread:)

SOSO  posted on  2015-01-15   11:13:46 ET  Reply   Trace   Private Reply  


#180. To: SOSO, Nolu Chan, Y'ALL (#179)

Silly questioner --- Are you going to sue sysadmin and/or Neil? Can tpaine or pericles sue them for wisking away LP from their grasp?

Nolu Chan ---- For what? I have not been damaged. Neither has tpaine or Pericles either. They only "lost" an opportunity to buy from sysadmin something that could not legally be sold.

I was not trying to 'buy' LP. My initial offer was to pay the bills and assume any legal responsibilities.

SOSO --- I am sooooooooo happy that LP is shut down and that my personal info will be redacted. Who knows in what Goldi may have been entangled, with who and why tpaine and pericles were so interested in getting their hands on LP.

How silly can you get? I was not very interested in 'getting my hands on LP', as was made evident by the conditions on the offer I made. -- I was trying to find a way to keep the site open.

tpaine  posted on  2015-01-15   11:56:43 ET  Reply   Trace   Private Reply  


#181. To: tpaine, Nolu Chan, Y'ALL (#180)

I was not trying to 'buy' LP.

Yo, Bro, I believe that I made it abundantly clear that LP was not for sale.

BTW, do you have any sense of humor?

SOSO  posted on  2015-01-15   12:24:28 ET  Reply   Trace   Private Reply  


#182. To: SOSO (#179)

I am sooooooooo happy that LP is shut down and that my personal info will be redacted. Who knows in what Goldi may have been entangled...

Paranoid much?

Liberator  posted on  2015-01-15   12:44:24 ET  Reply   Trace   Private Reply  


#183. To: Liberator (#182)

I am sooooooooo happy that LP is shut down and that my personal info will be redacted. Who knows in what Goldi may have been entangled...

Paranoid much?

No, just the usual amount.

Humorless much?

SOSO  posted on  2015-01-15   12:47:53 ET  Reply   Trace   Private Reply  


#184. To: SOSO (#183)

Wuz dat "humor"??

Ooops. My bad, V.

Liberator  posted on  2015-01-15   12:53:37 ET  Reply   Trace   Private Reply  


#185. To: Pinguinite (#175)

Wait for what?

Probate of the estate. The legal process.

Should he have kept the forum operational while waiting to hear from the state of Florida?

Obviously not.

As sysadmin stated:

We do need to bear in mind that anything we decide is contingent on the site not being taken over as part of Goldi's estate.

Post Date: 2015-01-02 14:57:10 by sysadmin

The property went to Goldi's estate upon her death as a matter of law.

nolu chan  posted on  2015-01-15   15:57:08 ET  Reply   Trace   Private Reply  


#186. To: nolu chan (#185)

Probate of the estate.

Including the cat?

Palmdale  posted on  2015-01-15   16:02:02 ET  Reply   Trace   Private Reply  


#187. To: Willie Green (#176)

I'm not a lawyer, so I'm not going to lose any sleep over the legal distinction between "empower" and "having access."

Ability. Capacity to perform an act or service; e.g. to support spouse and family. Financial ability is usually as referring to pecuniary ability.

Empower. A grant of authority rather than a command of its exercise. In re Whiteman's Will, 268 App.Div. 591, 52 N.Y.S.2d 723, 725.

Black's Law Dictionary, 6th Ed.

As sysadmin had the password, he had the capacity or ability to perform certain acts. As Goldi had died and he knew of her death, sysadmin had no authority to perform certain acts performed. He cannot claim any post-mortem empowerment from Goldi.

If tpaine doesn't agree with Neil & sysadmin's decision, he can take them to probate court...

The state appointed executor of the estate should take care of that.

No wait, tpaine doesn't have legal standing to do that, does he? Oh well, Neil & sysadmin still acted responsibly to protect LP from being vandalized until Goldi's estate is settled. And tpaine should thank his lucky stars that he didn't illegally acquire control of Goldi's property.

The state appointed executor has ample standing and power. Neil and sysadmin acted irresponsibly.

As sysadmin stated:

We do need to bear in mind that anything we decide is contingent on the site not being taken over as part of Goldi's estate.

Post Date: 2015-01-02 14:57:10 by sysadmin

The property went to Goldi's estate upon her death as a matter of law.

nolu chan  posted on  2015-01-15   16:02:54 ET  Reply   Trace   Private Reply  


#188. To: nolu chan (#187)

The state appointed executor has ample standing and power.

And the discretion to distance himself from absurdities.

Palmdale  posted on  2015-01-15   16:05:53 ET  Reply   Trace   Private Reply  


#189. To: nolu chan (#187)

As sysadmin had the password, he had the capacity or ability to perform certain acts. As Goldi had died and he knew of her death, sysadmin had no authority to perform certain acts performed.

Unless consider this. He was hired by Goldi for a term of the one year to work on her site. That he had already been paid. And he would have been a crook if he didn't fulfill his obligation. If I agree to install a new tile floor in someones warehouse at the restaurant they own. And the owner dies in the process. And i have the keys to the building and they paid me in advance. I would still be obligated to install that tile.

Maybe not the best analogy. I'll just throw this out there.

A K A Stone  posted on  2015-01-15   16:06:53 ET  Reply   Trace   Private Reply  


#190. To: tpaine (#180)

I was not trying to 'buy' LP. My initial offer was to pay the bills and assume any legal responsibilities.

Whose legal responsibilities? You will see the problem while trying to answer that question. Upon Goldi's death, responsibilities went to the state of Florida. LP was not a legal entity. The responsibilities were Goldi's, personally.

The whole process was flawed. It may have been well intended, but good intent does not overrule state law. The problem is that no will was found and state law gets in the way.

nolu chan  posted on  2015-01-15   16:08:30 ET  Reply   Trace   Private Reply  


#191. To: A K A Stone (#189)

Unless consider this. He was hired by Goldi for a term of the one year to work on her site. That he had already been paid.

Any grant of authority that he may have had as an agent or employee was extinguished by Goldi's death and his knowledge of that fact.

http://info.legalzoom.com/power-attorney-end-upon-death-20235.html

Death of the Principal

Section 111 of the Uniform Power of Attorney Act provides that the power of attorney terminates when the principal dies. This rule is followed in all states. For example, Florida laws state that a power of attorney expires upon the principal’s death. In this situation, the agent no longer has authority to act on behalf of the principal, and the principal’s successors take over the management of his affairs.

Validation of Agent's Actions

In some situations the agent may not know of the principal’s death and may continue to act under the power of attorney, for example, by paying bills or signing documents. If the agent does not know that the principal has died, the law generally allows him to continue acting as agent until he is notified of the death. For example, Chapter 1337.091 of the Ohio Code states that if an agent carries out his duties without knowing that the principal has died, his actions remain valid, provided that he acts in good faith.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0709/0709.html

709.2109 Termination or suspension of power of attorney or agent’s authority.— 
(1) A power of attorney terminates when:
(a) The principal dies;
(b) The principal becomes incapacitated, if the power of attorney is not durable;
(c) The principal is adjudicated totally or partially incapacitated by a court, unless the court determines that certain authority granted by the power of attorney is to be exercisable by the agent;
(d) The principal revokes the power of attorney;
(e) The power of attorney provides that it terminates;
(f) The purpose of the power of attorney is accomplished; or
(g) The agent’s authority terminates and the power of attorney does not provide for another agent to act under the power of attorney.
(2) An agent’s authority is exercisable until the authority terminates. An agent’s authority terminates when:
(a) The agent dies, becomes incapacitated, resigns, or is removed by a court;
(b) An action is filed for the dissolution or annulment of the agent’s marriage to the principal or for their legal separation, unless the power of attorney otherwise provides; or
(c) The power of attorney terminates.
(3) If any person initiates judicial proceedings to determine the principal’s incapacity or for the appointment of a guardian advocate, the authority granted under the power of attorney is suspended until the petition is dismissed or withdrawn or the court enters an order authorizing the agent to exercise one or more powers granted under the power of attorney.
(a) If an emergency arises after initiation of proceedings to determine incapacity and before adjudication regarding the principal’s capacity, the agent may petition the court in which the proceeding is pending for authorization to exercise a power granted under the power of attorney. The petition must set forth the nature of the emergency, the property or matter involved, and the power to be exercised by the agent.
(b) Notwithstanding the provisions of this section, unless otherwise ordered by the court, a proceeding to determine incapacity does not affect the authority of the agent to make health care decisions for the principal, including, but not limited to, those provided in chapter 765. If the principal has executed a health care advance directive designating a health care surrogate, the terms of the directive control if the directive and the power of attorney are in conflict unless the power of attorney is later executed and expressly states otherwise.
(4) Termination or suspension of an agent’s authority or of a power of attorney is not effective as to an agent who, without knowledge of the termination or suspension, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
History.—s. 11, ch. 2011-210.

nolu chan  posted on  2015-01-15   16:13:01 ET  Reply   Trace   Private Reply  



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