Law Offices of SquiresBenson, P.L.
Law Offices of SquiresBenson, P.L.
Business, Estate, Litigation, Real Estate, Oil & Gas, International Litigation and Transactions, Energy, Complex & International Arbitration, Mediation
- Fax: 305-575-2409
- Firm Size: 2 Lawyers
- Firm Year: 2008
- Office Hour: Monday - Thursday, 9:00 a.m. - 5:00 p.m. & Friday, 9:00 a.m. - 4:00 p.m.
- Language: English, Spanish, French, Portuguese
305-575-2400
301 Arthur Godfrey Rd, HSBC Bank Bldg.
33140
Miami Beach
FL
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lawyers
Gilbert Kirk Squires
Civil Rights, Natural Resources, Products Liability, Divorce, Admiralty & Maritime
$0.01-$500.00
301 W 41St St, Miami Beach, FL 33140
301 W 41St St, Miami Beach, FL 33140
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Olivia S. Benson
✓ VERIFIED Credentials and Bar Status verified by Lawyer.com on Jul 01 2013
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Litigation, Business, Real Estate, Estate, Power of Attorney
A business, litigation, and Estate Administration attorney.
Ms. Benson has successfully practiced law for over two decades and is co-founder of the Law Offices of SquiresBenson, P.L. Her business experience res... (more)
$0.01-$500.00
301 Arthur Godfrey Rd., HSBC Bank Bldg., Miami Beach, FL 33140
301 Arthur Godfrey Rd., HSBC Bank Bldg., Miami Beach, FL 33140
Profile LAWPOINTS™65/100
LAWPOINTS™ measure the overall completeness of a Lawyer's profile. More complete profiles are ranked higher and help visitors select the right lawyer faster.
We help paid Members build more complete and informative profiles.
LAWPOINTS™ do not measure a Lawyer's reputation.
More Info for Lawyers
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introduction
In 2008, after over a combined total of over 50 successful years in business and the practice of law Olivia S. Benson and Gilbert K. Squires formed The Law Offices of SquiresBenson, P.L. in Miami Beach and Miramar, Florida. They are admitted to practice in the State of Florida, The District of Columbia, Federal Courts, Bankruptcy Court, and The Supreme Court of The United States. Also, Mr. Squires is a Licensed Professional Engineer in the State of Texas. The Firm is 100% minority — Afro-Hispanic American and 50% Woman-Owned.
Their vision when joining forces was straightforward: blend their ample and varied experiences in the businesses world with the practice of law to obtain cost effective excellent results serving a global clientele. The Firm serves a worldwide customer base that benefits from the shrewdness, practicality, and determination of the main partners and staff who hail from different parts of the world, and are fluent in English, Spanish, French, Portuguese, Italian, and competent in other languages.
OTHER PRACTICE AREAS
International Litigation and Transactions, Energy, Complex & International Arbitration, Mediation
PICTURES
Publications
- The New Powerful Power of Attorney Law
By Olivia S. Benson, Esq., and Adam Friedman, St. Thomas University School of Law J.D. 2012
Florida’s Power of Attorney law saw sweeping change in October of 2011. In the first installment of this two-part article, we will summarize the general applicability of powers of attorney. In the following installment we will address the recent statutory changes.
A power of attorney grants one party (an agent) the ability to act on behalf of another party (the principal).[13] This authority typically exists in one of two forms; a principal may grant an agent a conventional (or nondurable) power of attorney, or a durable power of attorney. In order to create a durable power of attorney, the principal must expressly do so in the granting document, otherwise a nondurable power of attorney is created by default. There is only one significant difference between a conventional power of attorney and a durable power of attorney. While a conventional power of attorney is terminated by the principal’s incapacity, a durable power of attorney survives such adjudication.[14] This distinction naturally raises the question, “What is incapacity?†Florida Statutes define “incapacity†as any inability by a person to adequately obtain, administer, or dispose of property.[15] The term “incapacity†is broadly defined and not limited to mental incompetence. Since surviving incapacity is the only relevant distinction between the durable and conventional power of attorney, the remainder of this article will refer to both forms synonymously.
The creation and execution of a power of attorney has explicit requirements. Specifically, the granting document must be signed by the principal, by two (2) subscribing witnesses, and acknowledged before a notary public.[16] However, these requirements are more relaxed than the requirements for creating a will. Whereas will formalities require the witnesses to simultaneously sign in the presence of each other and the testator, a power of attorney has no such requirement.[17]
While there is only one (1) commonly used method to create a power of attorney; there are several ways in which a power of attorney and/or an agent’s authority can be terminated. Among the more common ways in which a power of attorney may terminate are: 1) if the principal dies; 2) if the principal revokes the power of attorney; 3) if the express purpose of the power of attorney has been accomplished; and 4) if the power of attorney provides that it terminates.[18] The first basis for termination, death of the principal, is commonly misunderstood. Frequently, upon the death of a principal, the agent attempts to make a bank transaction (or similar act) on the principal’s behalf and is denied. The reason being—a power of attorney does not survive the principal’s death.
A power of attorney creates a fiduciary relationship between principal and agent, and thus is governed by common law agency rules.[19] As such, the agent’s duties to the principal include, but are not limited to: 1) acting consistent with the principal’s expectations; 2) acting in good faith; and 3) acting with the principal’s best interests in mind.[20]
An agent is defined as “a person with the authority to act for a principal[.]â€[21] This authority allows the agent to act in the place of the principal; therefore, with limited exception, the law treats an act performed by the agent as an act performed by the principal.[22] As a result, if the agent makes a questionable business decision or a negligent disposition of property and in doing so opens the principal up to liability, the principal is fully responsible. However, the fiduciary relationship inherent in a power of attorney creates a potential for liability on more than one front. For instance, if the agent is in breach of his fiduciary duty, he may be liable to the principal for damages as well as for costs and fees associated with defending an adverse claim.[23]
Due to the fact that an agent’s job may open him up to liability, it is only fair that agents are adequately compensated. All agents, unless expressly prohibited by the power of attorney, have a right to be reimbursed for any expenses that they may incur within the scope of their duty.[24] Additionally, if an agent is deemed a “qualified agent,†then they are entitled to reasonable compensation for the work performed within the scope of their duty.[25] A qualified agent is one who is either 1) the spouse of the principal, 2) an heir of the principal, 3) a financial institution with trust powers and a place of business in Florida, 4) a Florida attorney or certified public accountant, or 5) a resident of Florida who has never been an agent for more than three (3) principals at the same time.[26]
It is a common misconception that a power of attorney is limited to the elderly and infirm. In fact, a principal is defined as, “an individual who grants authority to an agent in a power of attorney.â€[27] In reality, principals can be anyone. For instance, an owner of a company (the principal) who will be away from the daily operation of their organization for an extended period of time may require another person (the agent) to act in their place during this absence. A second misconception associated with a power of attorney is the belief that an agent’s power to act in the place of the principal is extremely broad. In fact, a power of attorney can be as extensive or as limited as the principal desires. The extent of the agent’s authority depends upon the principal’s goals and intent, making a power of attorney useful to many people. For example, a power of attorney may grant an agent authority over the principal’s entire real and personal property wherever located, and whenever acquired, or it can merely authorize an agent to sign a single document in the principal’s stead.[28] A power of attorney is not only applicable to many individuals, but can be tailored as great or as slight as a principal desires.
In 2011, major reforms of Florida’s power of attorney laws occurred, and will be the focus of our second installment.
[13] Fla. Stat. § 709.2102(7) (2011).
[14] Fla. Stat. § 709.2102(2) (2011).
[15] Fla. Stat. § 709.2102(5) (2011).
[16] Fla. Stat. § 709.2105 (2011).
[17] Fla. Stat. § 732.502(1)(c) (2011).
[18] Fla. Stat. § 709.2109(1) (2011).
[19] Fla. Stat. § 709.2301 (2011).
[20] Fla. Stat. § 709.2114 (2011).
[21] Fla. Stat. § 709.2102(1) (2011).
[22] Fla. Stat. § 709.2201 (6) (“An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal’s successors in interest as if the principal had performed the actâ€).
[23] Fla. Stat. § 709.2117 (2011).
[24] Fla. Stat. § 709.2112(1)—(2) (2011).
[25] Fla. Stat. § 709.2112 (3) (2011). Oddly enough, a qualified agent has nothing to do with being a qualified, capable, or competent agent. Fla. Stat. § 709.2112 (4) (2011).
[26] Fla. Stat. § 709.2112(4) (2011).
[27] Fla. Stat. § 709.2102(9) (2011)(emphasis added).
[28] Fla. Stat. § 709.2101 (2011).
Fee
Our initial 15 minute telephone consultation to discuss your matter is at no charge.
Most cases require an initial consultation in the office to review documents, counsel, and determine strategy. There is a $300.00 charge for a one hour office consultation. Of course if you are not in Florida and would like to do the consultation by telephone that is available also. We accept credit card payments. The hourly rate depends on your matter. Fixed fee agreements are also available for certain matters.
Cases
A near-east client litigating against an American multinational came to SquiresBenson, P.L. for help in determining whether to arbitrate under Foreign or American law. An Asian client hired the Firm to litigate in Federal Court against a Florida bank.Domestic and foreign-based clients hire SquiresBenson, P.L. to successfully litigate business disputes in State and Federal Courts through. The Firm successfully represents individuals and condominium associations through negotiations, trial and appeals. A commercial landlord came to SquiresBenson , P.L. to successfully lead a complex eviction and ultimately negotiate a new lease and payments to the landlord. A residential tenant hired the Firm to successfully defend him in a wrongful eviction through two levels of appeal.An American company retained SquiresBenson, P.L. to draft and negotiate distribution agreements into the European The Common Market.A South American widow contracted the Firm to probate an estate with assets in the United States, Europe, and South America. A Scandinavian personal representative came to SquiresBenson, P.L. for assistance probating an estate with assets in Florida and Venezuela. A Guayanan beneficiary sought SquiresBenson, P.L. for legal assistance in the ancillary administration of U.S. assets. Husband and Wife Holocaust survivors came to the firm for elder care assistance, and SquiresBenson, P.L. served as counsel for the personal representative and the estate. A South Florida widow hired the Firm to open an estate in Florida and to assist in the personal injury litigation located in Africa, where the decedent was killed in automobile accident. Represented and assisted an West African embassy with the sale and subdivision of embassy real estate in the District of Columbia, which required interaction and approvals from the U.S. State Department's Office of Foreign Missions and the District of Columbia Historic Preservation Board and the Mayor's Agent. Represent an African government in negotiations between that government and U.S. based seaport and transshipment company. Successfully negotiated a major commercial agreement between West African and American company. After the 2010 BP Deepwater Horizon tragedy in the Gulf of Mexico, widely consulted and solicited by law firms, investment banking firms, and individuals about interests and options. A wind energy operator called on SquiresBenson, P.L. to assist with its PPA negotiation.Represented bio-fuel company with interest in Texas, Iowa, New Jersey, India, and Latin America with corporate, financing, and operations agreements. Served as U.S. counsel in cross-border bankruptcy litigation, negotiation with U.S. creditors, and assisted in reorganization strategy and tactics. Mr. Squires frequently serves as an Arbitrator on several Complex Arbitrations involving Energy, Oil & Gas, Construction, and International Business. Ms. Benson serves as a quasi-judicial officer presiding over code enforcement hearings — Special Master for the City of Miami Gardens, located in Miami-Dade County, Florida.
Law Offices of SquiresBenson, P.L.
301 Arthur Godfrey Rd, HSBC Bank Bldg.
Miami Beach, FL 33140
25.822666,-80.139628
301 Arthur Godfrey Rd, HSBC Bank Bldg.
Miami Beach, FL 33140