Free Florida Power of Attorney Forms
Florida Power of Attorney by Type
In Florida, there are different types of powers of attorney that you can create according to your individual needs. These types vary in terms of the amount of authority granted to an agent. Here are the four main types of Florida POAs you should know about:
- Durable power of attorney - A durable POA allows the agent to handle the principal’s assets that are outside of a trust even after the principal finds themselves incapaciatated or incompetent. For example, a medical POA is a type of durable POA that allows the agent to make financial or healthcare decisions for the principal if they fall ill.
- Medical power of attorney - In Florida, this document is also known as a Health Care Advance directive and allows for choosing a surrogate to make medical decisions for the principal.
- General Power of Attorney - This POA grants broad authority to an agent so they can conduct financial transactions on the principal’s behalf. It covers bank transactions, bill payments, real estate, and the signing of agreements. This POA automatically ends when the principal becomes incapacitated unless it is made a durable POA.
- Limited or Special Power of Attorney - It grants limited authority to an agent so they can perform certain duties within a specified period. For example, if the principal buys a piece of land but will be traveling on the closing date, their agent acts on their behalf and closes the deal for them. This POA expires once the transaction is done or at the end of a certain period.
- Springing Power of Attorney - Florida removed this POA from its laws in 2011. However, Springing POAs that were created before 2011 are still valid. A Springing POA automatically takes effect when the principal becomes incapacitated.
How to Get a Power of Attorney in Florida
You can easily get a template for a power of attorney in Florida and complete it online. These forms help you create a POA quickly with simple step-by-step instructions, completely mapped-out templates, and customizable form elements that you can tailor to your specific needs.
After the document has been drafted, it must be signed by two witnesses and notarized in order for it to be valid.
Florida Power of Attorney Laws
Title XL, Chapter 709 of the 2021 Florida Statutes lists Florida’s POA laws. It states that a principal should create a POA in writing to grant authority to an agent who can act on their behalf (2022 Florida Statutes § 709.2102).
Then, the principal and two witnesses must sign the POA, and the principal must acknowledge it before a notary public. If the principal cannot physically sign the POA, the notary public can sign the name of the principal on the POA (2022 Florida Statutes § 709.2105).
A POA generally takes effect when it is executed unless a future date or a future event is specified or a contingency occurs.
Springing POAs executed before October 1, 2011 that have not taken effect before that date can only be exercisable when:
- A licensed physician who is primarily responsible for the principal’s care and treatment delivers an affidavit stating their responsibility towards the principal’s care and treatment. In the affidavit, the physician must also mention that the principal is incapacitated and cannot manage their property (2022 Florida Statutes § 709.2108).
As for a Medical Power of Attorney, Title XLIV, Chapter 765 defines an advance directive as a witnessed written instrument or oral statement in which a principal provides instructions regarding their healthcare. It includes the appointment of a competent healthcare surrogate who can make healthcare decisions and receive health information on the principal’s behalf (2022 Florida Statutes § 765.101).
FAQs About Florida Power of Attorney Forms
Here are a few frequently asked questions (FAQs) about the Florida POA: