Can a Florida Power of Attorney Be Revoked or Overridden?
Yes. In Florida, the person who signed a power of attorney can revoke it at any time while they have capacity, by a signed writing. A court can also remove an agent or suspend the agent's authority, and certain events, such as the principal's death or a divorce filing between spouses, end it automatically.
A power of attorney (POA) is a legal document in which one person, the principal, gives another person, the agent, authority to act on their behalf. In Florida, powers of attorney are governed by Chapter 709 of the Florida Statutes. Families often ask who can override a POA and how.
1. The principal can revoke it
As long as you have the mental capacity to understand what you're doing, you can revoke your power of attorney. Florida requires the revocation to be in a later power of attorney or other writing signed by you (Fla. Stat. § 709.2110). Send written notice to your agent, any successor agents, and banks or others who have a copy.
A common misunderstanding: signing a new power of attorney does not automatically revoke the old one in Florida. The new document must expressly say that it revokes the earlier one.
2. Some events end it automatically
Under Fla. Stat. § 709.2109, a Florida power of attorney terminates when:
- The principal dies
- The principal is adjudicated totally or partially incapacitated by a court
- The principal revokes it
- The document itself says it terminates, or its purpose is accomplished
- The agent's authority ends and no successor agent is named
An agent's authority also ends if the agent dies, becomes incapacitated, resigns or is removed by a court. If the agent is the principal's spouse, authority ends when either spouse files for dissolution or annulment of the marriage.
3. A court can step in
If an agent is acting improperly, interested people can ask the court for relief, including an accounting or the agent's removal (Fla. Stat. § 709.2116). And if someone files a petition to determine the principal's incapacity, the agent's authority is generally suspended while that case is pending, subject to exceptions in § 709.2109(3). If a guardian is later appointed, the court decides what authority, if any, the agent keeps.
4. Your agent can resign
An agent doesn't have to serve. Even after agreeing, an agent can resign by giving notice as the statute provides (§ 709.2118). This is why we recommend naming at least one successor agent, and talking with your agents about the role before you sign.
Talk with a Florida estate planning lawyer
If you want to revoke a power of attorney, replace an agent, or put a new Florida power of attorney in place, call Trusted Elder Law & Asset Protection at 850-607-2222, or schedule a free Peace of Mind Strategy Session online. We serve Pensacola and all of Escambia, Santa Rosa, Okaloosa and Walton counties.
