Florida Durable Power of Attorney: What You Need to Know

A durable power of attorney (POA) authorizes someone you trust to handle your financial affairs if you become unable to do so yourself. Unlike a regular power of attorney, a durable POA remains effective even after you become incapacitated—which is exactly when you need it most.

Why You Need a Durable Power of Attorney

Without a power of attorney, if you become incapacitated due to illness, accident, or age-related decline, no one—not even your spouse—has automatic authority to:

• Pay your bills
• Access your bank accounts
• Manage your investments
• Sell your property
• File your tax returns
• Handle business matters

  Instead, your family would need to seek a court-appointed guardianship, which is expensive, time-consuming, and public.

  Florida Requirements

  Florida Statute Chapter 709 governs durable powers of attorney. Key requirements include:

  Written Document: The power of attorney must be in writing.

  Competent Principal: You must have mental capacity when you sign.

  Two Witnesses: The document must be witnessed by two individuals who sign in your presence.

  Notarization: The principal's signature must be notarized.

  Specific Language: The document must include specific language to be "durable" (effective during incapacity).

  Types of Powers

  Florida recognizes two timing options:

  Immediate Power: Effective as soon as signed. Your agent can act immediately.

  Springing Power: Only becomes effective upon a specified event, typically incapacity as certified by physicians.

  While springing powers seem safer, they can create problems. Financial institutions may hesitate to accept them without proof of incapacity. Immediate powers with trusted agents often work better in practice.

  Agent Authority

  Florida law requires specific authorization for certain powers. Your POA should explicitly grant authority for:

  • Banking transactions
  • Investment management
  • Real estate transactions
  • Business operations
  • Tax matters
  • Government benefits
  • estate planning transactions
  • Gifts (if desired)

    Each power must be specifically listed. A general grant of authority is insufficient for many important actions.

    Choosing Your Agent

    Select someone who is:

    • Trustworthy and honest
    • Financially responsible
    • Available when needed
    • Willing to serve
    • Capable of handling financial matters

      You can name co-agents, successor agents, or both. Consider what happens if your first choice cannot serve.

      Limitations

      Your agent must act in your best interest and cannot:

      • Change your will
      • Make healthcare decisions (that requires a healthcare surrogate)
      • Act contrary to your known wishes
      • Self-deal without specific authorization

        Review and Update

        Review your power of attorney every few years and after major life changes. Banks and financial institutions sometimes reject older POAs or those that don't meet current standards.

        Contact our office to create or update your durable power of attorney.