A Florida power of attorney revocation formally cancels a previously created power of attorney (POA). This document effectively ends the agent’s ability to act on behalf of the principal in matters outlined in the original POA.
While signing your revocation form stops your agent’s authority, it’s not enough. For guaranteed protection, notify banks, healthcare providers, and anyone who relied on the original POA and provide them with a copy of the revocation document. This ensures everyone is on the same page and prevents any unintended actions.
Legal Considerations
Statute – Title XL, Chapter 709, Part II (Powers of Attorney).
Definitions – § 709.2109, § 709.2110.
Signing Requirements – § 709.2105 – Notary public and two witnesses.
Revocation and Termination
Under Florida law, a power of attorney terminates, and the agent’s authority ends in several situations:
- When the principal passes away.
- If the principal becomes incapacitated and unable to make decisions.
- A court judgment of partial or complete incapacity can revoke the document, although exceptions might exist for specific powers.
- When the specific purpose of the original POA was fulfilled.
- Lack of successor agent.
- An agent’s marriage or legal separation from the principal might terminate their authority unless the POA allows them to continue acting.
- The principal retains the right to revoke the POA at any time.
Simply creating a new POA doesn’t automatically cancel a previous one. The principal can revoke it through a subsequent written document or by directly notifying the agent.
Fees
- Recording: Fees vary by county but generally fall between $10 and $30. If the original POA was recorded with the County Clerk’s office, it’s advisable to record the revocation document there as well.
- Notary: Expect to pay from $5 to $10 per signature for the notarization of the revocation document.
Resources
- Department of State – Division of Corporations – Guidance related to powers of attorney.
- Florida Bar Association – Information and resources on power of attorney forms.
Related Forms
Durable Power of Attorney Form
Signing Requirements: Notary public and two witnesses.
Minor (Child) Power of Attorney
Signing Requirements: Notary public and two witnesses.
Medical Power of Attorney
Signing Requirements: Two witnesses.