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Home Personal & Family Documents Power of Attorney Durable Florida

Florida Durable Power of Attorney

Use our Florida Durable Power of Attorney form to let someone make legal and financial decisions for you if you become incapacitated.

Updated February 14, 2022

A Florida durable power of attorney form grants someone (the “agent”) the authority to act on behalf of another person (the “principal”) in certain financial or personal matters, even if the principal becomes incapacitated and unable to make their own decisions.

The difference between durable powers of attorney (DPOAs) and regular powers of attorney (POAs) is that non-durable POAs lose their effectiveness if the principal becomes incapacitated.

Sometimes called a durable power of attorney for finances, this form is used to give someone authority over your financial and business matters. To grant durable power over medical decisions, you need a Florida medical power of attorney.

Download a legally-binding Florida durable power of attorney form in fillable PDF and Word formats, and learn how to use it.

Table of Contents
  • Florida Durable Power of Attorney Requirements
  • How to Fill Out a Florida DPOA Form
  • How to Revoke a Durable Power of Attorney in Florida

Florida Durable Power of Attorney Requirements

Florida power of attorney forms can be made durable by including either the following statement or similar language:

“This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes.”

Relevant Laws: Florida Stat. §§ 709.2101 et seq.

Presumed Durable: No. Durability language required (Florida Stat. § 709.2104)

Signing: Requires signatures of the principal and two witnesses (Florida Stat. § 709.2105)

Notarization: Requires notarization (Florida Stat. § 709.2105)

Statutory Form: No.

The durable power of attorney template on this page includes all required language and complies with Florida DPOA laws and regulations.

Florida Durable Power of Attorney Form

Use our free Florida DPOA template below to serve as a guide for creating your own durable power of attorney form.

Download: PDF | Word

How to Fill Out a Florida DPOA Form

Follow these steps to complete our fillable Florida durable power of attorney form:

Step 1: Designate an agent

First, choose someone you trust to be your agent. It’s important that you fully understand what power of attorney is before giving this authority to another person or entity.

Write the names and addresses of the principal, agent and any applicable co-agents or successor agents in the first section of the durable power of attorney form.

Step 2: Grant authority

Then, mark on the form which areas of your life you want to give the agent legal power over. This can be general authority (e.g., operation of a business) or specific authority (e.g., deposit checks).

You can also write in specific instructions about which actions the agent can perform on your behalf.

Step 3: Ensure your form is durable

To make your power of attorney durable in Florida (i.e. continue after incapacitation), include the language required by Florida Stat. § 709.2104 on the form.

Step 4: Sign and date the form

To complete the paperwork, the principal must sign and date the durable power of attorney form.

Don’t forget that in Florida, your form also needs two witness signatures and a notary acknowledgment.

After completing your durable power of attorney form, store the original document in a secure place in your home and give copies to your agent and third parties where it will be used (such as your landlord, bank, or a state agency).

How to Revoke a Durable Power of Attorney in Florida

In Florida, the principal can revoke the durable POA at any time while they still have capacity by creating a new power of attorney (which automatically revokes the previous one) or by written notice signed by the principal (Florida Stat. § 709.2110).

The best way to revoke your POA is to complete and file a revocation of power of attorney. Whichever method you choose, make sure you communicate the revocation to the agent and any involved third parties who have a copy of the power of attorney you want to revoke.

Although a durable power of attorney can’t be revoked if the principal is already incapacitated, it’s possible for another person to petition to override a power of attorney if they suspect the agent is being negligent or abusing their power.

Related Will & Estate Planning Documents

  • Advance Directive: Declare your health care wishes if you’re incapacitated and can’t make your own decisions.
  • Power of Attorney: Appoint someone you trust to manage your affairs if you’re unable to do so.
  • Medical Power of Attorney: A Medical Power of Attorney allows you to name a health care agent to make health decisions for you if you cannot.
Florida durable power of attorney form

Free Florida Durable Power of Attorney Form

Create Your Florida Durable Power of Attorney in Minutes!

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