Florida Power of Attorney Form Create a Florida Power of Attorney Form

Florida Power of Attorney Form

Published Dec 06, 2025
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A Florida Power of Attorney Form is a legal document that authorizes one person to act on another's behalf in legal or financial matters in Florida.

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Poa Type

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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FLORIDA POWER OF ATTORNEY FORM

I. INTRODUCTION

This Florida Durable Power of Attorney is made and entered into on , by and between:

The Principal:
Name:
Address:
City: State: Florida Zip Code:

The Agent (Attorney-in-Fact):
Name:
Address:
City: State: Zip Code:

II. DESIGNATION OF AGENT

I, the Principal, hereby designate and appoint the Agent named above to act as my true and lawful attorney-in-fact (hereinafter referred to as the "Agent") to act for me and in my name, place, and stead.

III. DURABILITY PROVISION

Pursuant to Florida Statutes Section 709.2104, this Power of Attorney is durable and shall not be affected by my subsequent disability, incapacity, or incompetence. This Power of Attorney is effective immediately upon execution.

IV. GRANT OF GENERAL AUTHORITY

I grant my Agent and any Successor Agent general authority to act for me with respect to the following subjects as defined in the Florida Power of Attorney Act (Florida Statutes Chapter 709). My Agent is authorized to act on my behalf regarding the following matters:

If no boxes are checked above, it is my intent to grant my Agent authority over ALL the subjects listed above to the full extent permitted by Florida law.

V. GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

ATTENTION PRINCIPAL: Pursuant to Florida Statutes Section 709.2202, my Agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

(Initials) Create an inter vivos trust.

(Initials) With respect to a trust created by or on behalf of the Principal, amend, modify, revoke, or terminate the trust, but only if the trust instrument explicitly provides for amendment, modification, revocation, or termination by the settlor's agent.

(Initials) Make a gift, subject to the limitations of Florida Statutes Section 709.2202(4).

(Initials) Create or change rights of survivorship.

(Initials) Create or change a beneficiary designation.

(Initials) Waive the Principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan.

(Initials) Disclaim property and powers of appointment.

VI. SUCCESSOR AGENT

VII. AGENT'S DUTIES AND STANDARD OF CARE

My Agent shall act in accordance with the Principal's reasonable expectations to the extent actually known by the Agent and, otherwise, in the Principal's best interest, act in good faith, and act only within the scope of authority granted in this Power of Attorney.

My Agent shall keep a record of all receipts, disbursements, and transactions made on behalf of the Principal.

VIII. THIRD PARTY RELIANCE

Any person, including my Agent, may rely upon the validity of this Power of Attorney or a copy of it unless that person knows it has terminated or is invalid. Pursuant to Florida Statutes Section 709.2119, a third party who accepts this Power of Attorney in good faith without actual knowledge that the Power of Attorney is void, invalid, or terminated, or that the Agent is exceeding or improperly exercising the Agent's authority, may rely upon the Power of Attorney as if the Power of Attorney were genuine, valid, and still in effect, the Agent's authority were genuine, valid, and still in effect, and the Agent had not exceeded and had properly exercised the authority.

IX. REVOCATION

I hereby revoke any and all Powers of Attorney previously executed by me. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent.

X. GOVERNING LAW

This Power of Attorney shall be governed by, construed, and enforced in accordance with the laws of the State of Florida.

XI. SPECIAL INSTRUCTIONS

The following are special instructions limiting or extending the powers granted to my Agent:

XII. SIGNATURE AND ACKNOWLEDGMENT

Principal's Signature

I sign my name to this Power of Attorney on the date listed below.

Signature: _________________________
Date:
Print Name: _______________

STATEMENT OF WITNESSES

IMPORTANT: Florida law requires this Power of Attorney to be signed by two (2) witnesses.

Witness 1

I, the witness, swear that the Principal signed this instrument in my presence.

Signature: _________________________
Date:
Print Name:
Address:

Witness 2

I, the witness, swear that the Principal signed this instrument in my presence.

Signature: _________________________
Date:
Print Name:
Address:

What is a Florida Power of Attorney Form?

A Florida Power of Attorney Form is a legal instrument used to delegate authority from one individual, known as the principal, to another trusted person, referred to as the agent or attorney-in-fact. This document allows the agent to manage specific financial, legal, or business affairs on behalf of the principal, operating under the guidelines established by state statutes. While the scope of authority can range from handling a single real estate transaction to managing all financial accounts, the primary purpose is to ensure that the principal's affairs can be maintained, particularly in the event of absence or incapacity.

Legal Framework: The Florida Power of Attorney Act

The creation and enforcement of power of attorney documents in the state are governed by the Florida Power of Attorney Act, codified in Chapter 709 of the Florida Statutes. This comprehensive legislative framework outlines the requirements for validity, the duties of the agent, and the rights of the principal. Under Florida law, a power of attorney is durable unless the document explicitly states otherwise, meaning the authority granted survives the incapacity of the principal. The statutes emphasize strict adherence to execution formalities to prevent fraud and exploitation.

One significant aspect of Florida law is the treatment of "springing" powers of attorney. Prior to October 1, 2011, residents could create documents that only became effective upon a specific event, such as a doctor declaring the principal incapacitated. However, the 2011 statutory overhaul eliminated the creation of new springing powers of attorney. Consequently, any Florida Power of Attorney Form executed after that date becomes effective immediately upon signature, regardless of the principal's current capacity, although documents created before the legislative change remain valid if they met the laws at the time of execution.

Types of Power of Attorney in Florida

Florida law recognizes different variations of this document, each serving distinct purposes based on the duration and scope of authority granted. A General Power of Attorney confers broad powers to the agent, allowing them to handle most financial and legal transactions. However, if this document is not specified as "durable," the authority terminates if the principal becomes incapacitated.

A Durable Power of Attorney is the most common form used for estate planning. It contains specific language indicating that the agent's authority is exercisable notwithstanding the principal's subsequent incapacity. Conversely, a Limited or Special Power of Attorney restricts the agent's authority to specific acts or a defined time period, such as signing closing documents for a property sale while the principal is out of the country.

Required Elements of a Valid Florida Power of Attorney Form

For a power of attorney to be legally binding in Florida, it must strictly adhere to the execution requirements set forth in Fla. Stat. § 709.2105. Failure to include these elements may result in banks or other third parties refusing to honor the document.

  • Principal's Competency: The principal must be a natural person who is 18 years of age or older and of sound mind at the time of signing.
  • Two Witnesses: The document must be signed by the principal in the presence of two subscribing witnesses.
  • Notarization: The principal's signature must be acknowledged by a notary public. Note that the notary may serve as one of the two witnesses.
  • Specific Authority Initials: Certain "super powers," such as the authority to change beneficiary designations or create a trust, must be separately initialed by the principal to be valid.

Agent Authority and Fiduciary Duties

The agent appointed in a Florida Power of Attorney Form acts in a fiduciary capacity. This imposes a high legal standard, requiring the agent to act in good faith, within the scope of authority granted, and solely in the best interest of the principal. Under the Florida Power of Attorney Act, agents are required to keep accurate records of all receipts, disbursements, and transactions made on behalf of the principal. They must also attempt to preserve the principal's estate plan if they have knowledge of it.

Despite broad grants of authority, there are specific actions an agent is prohibited from taking under Florida law. An agent cannot execute or revoke a will on behalf of the principal, nor can they vote in public elections for the principal. Furthermore, unless the power of attorney specifically grants the authority and the principal has initialed the corresponding section, an agent generally cannot make gifts or change rights of survivorship on accounts.

Revocation and Termination

A principal retains the right to revoke a Florida Power of Attorney Form at any time, provided they are competent to do so. Revocation must be done in writing and should be communicated to the agent and any third parties, such as banks, that have the document on file. Aside from voluntary revocation, the authority of the agent automatically terminates upon the death of the principal. Additionally, if the agent is the principal's spouse, the filing of a petition for dissolution of marriage automatically terminates the agent's authority unless the power of attorney document expressly states otherwise.

Frequently Asked Questions

Recording is generally not required for the document to be valid between the principal and agent. However, if the agent intends to use the power of attorney to handle real estate transactions, such as buying or selling property, the document must be recorded in the official records of the county where the land is located.
No, a standard financial power of attorney does not cover health care decisions. In Florida, medical decisions are covered under a separate document known as a Designation of Health Care Surrogate.
All authority granted under a power of attorney ends immediately upon the death of the principal. The agent can no longer access accounts or make decisions; the estate's executor or personal representative takes over management of the deceased's assets.
Generally, an agent cannot transfer the principal's assets to themselves unless the document specifically grants the power to make self-gifts. Doing so without explicit authorization is a breach of fiduciary duty and constitutes a violation of Florida law.
Yes, Florida typically recognizes a power of attorney executed in another state if it was validly created under the laws of that state at the time of execution. However, third parties may request an opinion of counsel regarding the document's validity before accepting it.
No, the principal must be of sound mind and capable of understanding the document at the time of signing. If an individual is already incapacitated, a power of attorney cannot be created, and family members may need to seek a court-appointed guardianship.

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