What Is a Florida Minor Power of Attorney?
A Florida minor power of attorney (POA) gives an agent the authority to make decisions for a child. The agent handles the minor’s educational, medical, legal, and travel decisions. An agent agrees to act in the child’s best interest and adhere to the terms of the POA. This is often a temporary arrangement with flexible terms to protect everyone involved.
Parents or guardians may use a power of attorney for a minor if they cannot care for the child on their own. This arrangement ensures care for a child if the parent is hospitalized, incarcerated, on military deployment, or on long-term travel.
Legal Templates’s free Florida minor power of attorney form includes state-compliant terms. Use our customizable templates to set limits and authorities for your agent.
Legal Considerations for Florida Child Power of Attorney
The formatting, terms, and processes for creating a minor power of attorney vary by state. Consider the following Florida-specific elements for a compliant and effective arrangement.
Notarization
FL Stat § 709.2105 requires a power of attorney for a minor to include a notary acknowledgment, as well as signatures from two witnesses and the principal. Having these signatures makes your document valid and accepted by the necessary parties.
Terms
The terms of a POA for a minor must meet the limitations and allowances of Florida state laws. Florida allows the principal to outline both general and specific authorities for the agent. General authorities include the ability to make decisions about the child’s medical care, educational enrollment, and travel plans. More specific authorities can be customized and may include direct instructions for the agent.
Filing
There are no legal requirements for filing a minor POA with government offices. However, any medical, educational, or financial institution may request a copy of the form to verify the agent’s legal rights. Additionally, both the principal and the agent should maintain copies in their personal records in case of disputes.
Duration
While some states set limits on the validity of a minor power of attorney, Florida has no established timelines or expiration dates. Typically, caregivers or parents will enact a POA for six to 12 months for their child. Florida power of attorney forms should include an effective date and termination date since a POA for a child is often a temporary arrangement.
For more long-term or complex situations, you may need to file a guardianship petition to obtain additional rights and authorities, as regulated by FL Stat § 751.01.
Revocation
Revoking a power of attorney removes the agent’s authority and ends the terms of the agreement. A POA for a child in Florida can be revoked through a variety of methods. Per FL Stat § 709.2110, you can cancel the contract by delivering a written and signed notice to the agent. Florida law also notes that the creation of a new power of attorney form does not automatically revoke the current agreement.
Sample Florida Power of Attorney Minor (Child) Form
Legal Templates’s free Florida minor power of attorney form makes it easy to add your own terms and protections. Use our customizable and printable template, available to download in both PDF and Word formats, to ensure protections for each party.
