Florida Durable Power of Attorney
A Florida durable power of attorney names an agent to handle your financial and legal affairs, and it keeps working if you lose capacity. Under Chapter 709 it must be signed by you, two witnesses and a notary. A power of attorney signed after October 1, 2011 cannot "spring" into effect later; it is effective once it is signed.
Why a durable power of attorney matters
If you become unable to manage your own affairs and haven't named an agent, your family will likely need a court-appointed guardian to pay bills, manage accounts, sell property or deal with government agencies. Guardianship is public, expensive and requires ongoing court reporting. A durable power of attorney avoids it.
Florida's signing requirements
- Signed by you and two subscribing witnesses, and acknowledged before a notary (Fla. Stat. § 709.2105).
- It must include durability language stating it isn't terminated by your later incapacity (§ 709.2104).
- It can't be conditioned on a future event such as incapacity (§ 709.2108). Your agent's authority starts when you sign, so choose someone you trust today.
"Superpowers" that must be initialed
Some powers are so significant that Florida requires you to sign or initial next to each one for it to be valid (§ 709.2202). They include the power to:
- Create, amend, modify or revoke a trust
- Make gifts
- Create or change rights of survivorship
- Create or change beneficiary designations
- Waive the right to be a beneficiary of a joint and survivor annuity
- Disclaim property and powers of appointment
Many generic or online forms leave these out. That can leave your agent unable to do what's needed later.
Choosing your agent
Your agent should be trustworthy, organized and willing to serve. Name at least one successor agent in case your first choice can't. If your agent is your spouse, their authority ends automatically if either of you files for divorce (§ 709.2109(2)).
Out-of-state powers of attorney
A power of attorney validly signed in another state is generally valid in Florida (§ 709.2106(3)). However, banks and other third parties may ask for a legal opinion before accepting it. Many people who move to Florida sign a new Florida power of attorney to avoid those delays.
To learn how a Florida power of attorney can be revoked or overridden, read our article on revoking a Florida POA.
Power of attorney questions
Does a power of attorney end at death?
Yes. At death, your will or trust controls and the personal representative or trustee takes over.
Can I use a bank's power of attorney form?
Bank forms usually cover only that bank's accounts. A comprehensive durable power of attorney covers all of your financial and legal affairs.
Does my military power of attorney work in Florida?
Military powers of attorney are recognized under federal law. A Florida durable power of attorney is still recommended for long-term planning.