Power of attorney (POA) documents 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.”
Below are different types of power of attorney documents valid in Florida. They are categorized by the legal purpose of the document and the time period that they are intended to cover.
Table of Contents
- Florida Powers of Attorney
- How to Get Power of Attorney in Florida
Durable Power of Attorney – Florida
A durable power of attorney form remains in effect even if the principal becomes mentally incapacitated.
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
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.Florida DMV Power of Attorney For a Motor Vehicle
Download: Adobe PDF
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
Medical Power of Attorney – Florida
In Florida, powers of attorney covering medical, health care, and end-of-life decisions are governed by Florida Statutes section 765.202.
For more information, visit our Florida Medical Power of Attorney page.
General Power of Attorney – Florida
Below is a general power of attorney form valid in the state of Florida.
You can use this general-purpose form to designate non-medical powers to an agent. Simply fill in the blank sections with the powers you wish to grant your agent.
Limited Power of Attorney – Florida
A limited power of attorney document is one that allows an agent to perform only specific, explicitly stated acts on behalf of the principal.
For example, a power of attorney can be limited to a single task, such as representing you in the purchase or sale of your vehicle while you are out of town.
Real Estate Power of Attorney – Florida
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.
Springing Power of Attorney – Florida
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.
How to Get Power of Attorney in Florida
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.
You can download fillable forms relevant to your circumstance from our library:
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.