A Florida general power of attorney (GPOA) is a crucial legal document that allows an individual, referred to as the “principal,” to delegate authority to another person, known as the “agent” or “attorney-in-fact,” to manage various financial and legal matters on their behalf.
This document is non-durable and suitable for specific transactions or short-term needs. It becomes void if the principal is unable to make their own decisions. Create a durable power of attorney to ensure that the assigned powers remain valid upon the principal’s incapacitation, providing continued support in managing financial matters.
Laws — Chapter 709 (Powers of Attorney and Similar Instruments).
Authority (F.S.A. § 709.2201) – The agent is limited to exercising only the authority explicitly granted and reasonably necessary to fulfill those specific powers; general provisions not identifying specific authority do not grant any power to the agent.
Signing Requirements (F.S.A. § 709.2105) – The power of attorney requires the principal’s signature, along with two subscribing witnesses, and must be acknowledged by the principal before a notary public.
Presumption of Durability (F.S.A. § 709.2104) – No, a Florida power of attorney is not considered durable by default. Unless otherwise specified, the document must contain language indicating that its authority remains despite the principal’s subsequent incapacity.
