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
Statute: Powers of Attorney (Chapter 709) and Health Care Advance Directives (Chapter 765)
By Type
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.
