A Florida power of attorney gives an individual, a group of people, a financial institution, or a business, known as an “agent” or “attorney-in-fact,” the legal capacity to act as a proxy for a person, known as the “principal.” The document grants an agent the power to manage certain personal, business, or legal affairs on your behalf and make important decisions when you cannot.
Laws & Requirements
Statute: Chapter 709 of the Florida Statutes.
Signing Requirements: For your Florida power of attorney document to be effective, it must be signed by the principal in front of two witnesses and notarized (§ 709.2105).
Florida Power of Attorney – By Type
General (Financial) Power of Attorney
Assigns an agent broad powers to handle your financial affairs.
Signing Requirements: Notary public and two witnesses.
Medical Power of Attorney
Allows someone to make medical decisions on your behalf.
Signing Requirements: Two witnesses (§ 765.202).
Durable Power of Attorney
Remains in effect even if the principal becomes mentally incapacitated (unable to make their own decisions).
Signing Requirements: Notary public and two witnesses.
Vehicle Power of Attorney (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.
Springing Power of Attorney
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.
Tax Power of Attorney (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) Power of Attorney
Allows a parent to designate an agent to make decisions on behalf of their child.
Signing Requirements: Notary public and two witnesses.
Real Estate Power of Attorney
Enables an agent to manage the principal’s real estate properties and transactions.
Signing Requirements: Notary public and two witnesses.
