What Is a Florida Power of Attorney?
A Florida power of attorney is a document used to select someone else to act on your behalf. In this arrangement, the principal creates the document and lists powers for the agent. Creating a binding power of attorney requires the principal to be at least 18 years old and fully competent. They must have the capacity to understand and agree to the terms of the agreement.
Our free Florida power of attorney template offers a compliant and customizable form to meet your needs. Use the document builder to select your agent’s authority and protect your wishes.
Types of Powers of Attorney in Florida
A power of attorney can serve different needs and may only last for a specific purpose or time. By choosing the type of agreement, you can set the duration and authorities provided. Florida provides specific guidelines for each agreement. Consider the following POA types to create the best document for you.
Durable vs. Non-Durable
Using a durable or non-durable power of attorney determines the agent’s ability to act after the principal’s incapacitation. In a durable power of attorney, the agent maintains their authority after incapacitation, while a non-durable agreement ends once the principal becomes incapacitated.
FL Stat § 709.2104 requires Florida POAs to state durability within the agreement. Any document that doesn’t include specific language regarding durability will end when the principal no longer has capacity.
Medical POA
In Florida, a medical POA is often called a designation of health care surrogate. This form allows you to name an agent or surrogate to act on your behalf for medical decisions. FL Stat § 765.202 outlines the following guidelines for a designation of health care surrogate:
- Signing requirements: The principal must sign in the presence of two witnesses over 18. The agent cannot act as a witness, and at least one witness must have no spousal or blood relation to the principal.
- Durability: Florida medical POAs default to a durable arrangement. This allows the agent to act even after the principal loses capacity, unless otherwise stated in the document.
- Alternate surrogates: You can appoint an alternate surrogate if your first agent is no longer willing or able.
A Florida medical POA allows the principal to choose the authorities given to their agent. This may include access to medical records, mental health care, and life-support decisions. You can further specify your wishes for life-sustaining care in a living will, and combine it with a medical POA to form an advance directive. An advance directive dictates your preferred health care choices when you can no longer communicate them.
Financial POA
A financial POA can protect your business, financials, and property. Under the guidelines provided in FL Stat § 709.2208, you can select which authorities to give to your agent. Some common powers include the following abilities:
- create, continue, or manage bank accounts
- withdraw money from financial institutions
- handle investments and stocks
- receive financial statements
Durable (Financial)
Remains in effect even if the principal becomes mentally incapacitated (unable to make their own decisions).
Signing Requirements: Notary public and two witnesses.
Limited (Special)
Allows an agent to perform only specific acts on behalf of the principal.
Signing Requirements: Notary public and two witnesses.
Non-Durable (General)
Assigns an agent broad powers to handle your financial affairs.
Signing Requirements: Notary public and two witnesses.
Springing
Effective upon the principal’s incapacitation or any pre-specified event.
Signing Requirements: Springing POAs were outlawed in Florida on October 1, 2011, but documents executed before this date remain legally valid.
Motor Vehicle (Form HSMV 82053)
Allows you to appoint another individual to legally represent you in matters relating to your vehicles, including mobile homes and vessels.
Signing Requirements: Principal only.
Real Estate
Enables an agent to manage the principal’s real estate properties and transactions.
Signing Requirements: Notary public and two witnesses.
Tax (Form DR-835)
Enables a representative to act on behalf of the taxpayer before the State Department of Revenue.
Signing Requirements: Principal and representative.
Minor (Child)
Allows a parent to designate an agent to make decisions on behalf of their child.
Signing Requirements: Notary public and two witnesses.
Revocation
Ends an agent's authority under a previously executed POA.
Signing Requirements: Notary public and two witnesses.
How to Write a Power of Attorney for Florida
Creating a power of attorney for Florida requires you to follow state guidelines and provide adequate information. Use the following steps to make an effective document and transfer powers to your agent:
- Identify the principal and agents: Record the full legal name of the principal and the agent. FL Stat § 709.2111 allows you to add coagents and successor agents.
- Grant authorities: Look through the list of authorities and select which powers you want to grant to your agent. This may include handling financial accounts, business ownership, and medical treatments.
- Add special instructions: If you have specific wishes not listed in the general authorities, you can write them in as special instructions. This section can also include powers for trusts or gifts.
- Set the effective date: Choose the date or event when your power of attorney will take effect. In most cases, the POA becomes effective on the date of its execution, per FL Stat § 709.2108.
- Finalize the document: Review your chosen terms and attach additional clauses or supporting documents. Also include your witnesses and notarization acknowledgements.
Florida POA Legal Requirements and Considerations
Creating and enforcing your power of attorney in Florida requires you to meet local mandates. Evaluate your agreement for the following legal requirements and considerations.
Filing
It’s not legally required to file a general POA in Florida. However, if your POA includes real estate transactions, file a copy with the Clerk of the Circuit Court & Comptroller’s office in the appropriate county where the land is located. In addition, financial and medical providers typically request a copy of the POA document to verify the agent’s authority.
Notarization
According to FL Stat § 709.2105, a general POA requires two witnesses and notarization. These witnesses should be over 18 and have no interest in the terms of the POA. Ensure that the principal signs voluntarily and that the signature and date are confirmed by two witnesses and a notary public. Other notarization and signing requirements may apply depending on the type of POA.
Revocation
A revocation of a power of attorney allows the principal to revoke the terms of a power of attorney. This should be written and signed by the principal and delivered to the agent. Actions taken by the agent before they become aware of the revocation remain valid.
The POA may also provide that it ends at a certain time. You can include terms to end the agreement after a specific event, such as when the arrangement fulfills its purpose or at the time of principal incapacitation for a non-durable POA. FL Stat § 709.2109 includes a complete list of methods for lawful revocation.
If the principal’s spouse serves as the agent, a divorce or legal separation revokes their authority. An agent can also deliver an agent resignation notice according to the terms in FL Stat § 709.2118. This ends the agreement if they no longer wish to serve as the agent.
