Power of Attorney is the legal authority to act for another person. It is also the name of the document that grants this authority.
Power of attorney forms are legal papers that state that a person, a group of people, a financial institution, or a business, known as “agent” or “attorney-in-fact,” has the legal capacity to act as a proxy for a person, known as the “principal.”
This means you can use a power of attorney to give someone you trust the legal authority to manage your affairs and make important decisions for you when you’re unable to do so.
Below are different types of power of attorney documents valid in Florida (FL). They are categorized by the legal purpose of the document and the time period that they are intended to cover.
Florida (FL) Power of Attorney Documents
Florida Springing Power of Attorney
A springing power of attorney is a document that becomes effective upon the incapacitation of the principal or upon any pre-specified event.
Springing POAs were outlawed in Florida on October 1, 2011, but springing POAs executed prior to this date remain legally valid.
Florida DMV Power of Attorney
A vehicle power of attorney, also known as a DMV power of attorney, allows you to appoint another individual to legally represent you in matters relating to your vehicles, including mobile homes and vessels.
On transferring powers by using the official form issued by the Florida DMV (shown above), your agent can:
- apply for an original or duplicate certificate of title
- register title
- transfer title
- record a lien, and
- sign on your behalf
Download: Adobe PDF
Florida Real Estate Power of Attorney
A real estate power of attorney is a type of limited POA written specifically to manage the real estate properties and transactions of the principal.
How to Get Power of Attorney in Florida
To set up a power of attorney, the agent and the principal fill out and sign a power of attorney form.
According to Florida Power of Attorney Statutes section 709.2104, any power of attorney document can be made durable by including the following statement (or a statement similar to it):
This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes
Apart from the one statute that specifies the phrasing to include in a durable power of attorney, the state of Florida does not have regulations about the content of a power of attorney.
Florida Power of Attorney Requirements
For your Florida power of attorney document to be effective, it must:
- Comply with Florida laws, conveniently codified under Chapter 709 of the Florida Statutes.
- Include the following information:
- Names of the agent and the principal
- Date of execution of the document
- Each of the powers granted to the agent in clear terms
- Clear language explaining the exact responsibilities delegated to the agent
- Appoint an agent who is at least 18 years of age, or a financial institution or business within the state, which has trust powers and is legally authorized to conduct business in Florida.
- Be signed by the principal in front of two witnesses, and the document must also be notarized.
In Florida, powers of attorney covering medical, health care, and end-of-life decisions are governed by Florida Statutes section 765.202.
Revoking a Power of Attorney in Florida
A POA can be revoked by the principal by executing a revocation of power of attorney.