- 8 - Here, neither petitioner's actual incapacity, nor the content and receipt of Bergman's letters, is in dispute. The only question is whether, as a matter of law, either of the letters was sufficient to notify respondent that Bergman's authority was terminated.1 This matter is therefore ripe for summary judgment.2 The general rule under the common law is that a power of attorney is revoked by operation of law by the subsequent incapacity of either the principal or the agent.3 The common law rule has not been modified in Florida by statute. Millman v. First Fed. Sav. & Loan Association, 198 So. 2d 338, 340 (Fla. Dist. Ct. App. 1967). It follows that an adjudication of incompetency * * * will effect such a revocation, as being a circumstance which is inconsistent with a continuation of the agency. See 1 Fla. Jur., Agency, sec. 18. [Id.] 1 If either letter provided sufficient notice, the chain of extensions was broken and the statutory period of limitations for 1985 and 1986 would have expired, unless the underpayments for those years were due to fraud. 2 At the hearing on this matter, respondent's counsel said, with regard to the second letter, "I think this particular issue is--well, as we discussed, ripe for a summary judgment motion." Respondent did not offer any testimony or affidavits alleging any intent by Bergman to mislead. 3 Generally, the loss of capacity by a principal has the same effect upon the authority of the agent during the period of incapacity as has the principal's death. 1 Restatement, Agency 2d, sec. 122 (1957).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011