Free Florida Durable Power of Attorney Forms

Florida Durable Power of Attorney Laws

A Florida durable power of attorney is like any POA wherein a principal appoints an agent or attorney-in-fact to make important decisions on their behalf. Unlike a general POA, however, the agent’s authority over the principal continues even after the principal becomes incapacitated.

Here are some relevant laws regarding the Florida durable POA:

• Durable power of attorney - The POA becomes durable when the following statement appears on the form: “The durable power of attorney is not terminated by subsequent incapacity of the principal except as provided…” (2022 Florida Statutes Chapter 709 § 709.2104).

• Qualifications of the agent and execution of the power of attorney - An agent must be at least 18 years old or be a financial institution with trust powers within Florida. Moreover, the POA must be signed and acknowledged by two witnesses. “If the principal is physically unable to sign the POA, the notary public before whom the principal’s oath or acknowledgment is made may sign the principal’s name on the POA” (2022 Florida Statutes Chapter 709 § 709.2105).

Signing Requirements in Florida

The durable POA must be signed by the principal and two witnesses who must read the contents of the document. After reading and signing, the document should be acknowledged before a notary public (2022 Florida Statutes Chapter 709 § 709.2105).

How To Write a Durable POA in Florida

You can download a durable POA template for your convenience. It’s a printable form that contains the significant provisions of the document. This is crucial because it allows the continuous management of your real estate, material possessions, finances, and healthcare, even when you become ill or are unable to make sound decisions. 

Here are the steps to creating a durable POA:

1. Designate an agent

Identify a person you can authorize as an agent. They should be someone you can trust, especially if or when you become incapacitated. Your agent should be willing to look out for your best interests regarding your finances, properties, and healthcare. 

Once you have a person in mind, make sure they know their responsibilities before handing them the POA, which will serve as their permission to act on your behalf. 

Write the name of the agent on the first section of the document. If you have more than one agent, write first the name of the person who acts as your principal agent, followed by the successor agents. Include their addresses on the form. 

2. Specify instructions

Enumerate on the form the specific things you want your agent to do on your behalf. Provide clear instructions on the handling of your properties and finances, among other things. 

3. Ensure your POA is durable

Don’t forget to add the statement that makes the POA durable: “The durable power of attorney is not terminated by subsequent incapacity of the principal except as provided.”

4. Sign the form

As a principal, you must sign the form. Include the date when you signed the POA. The same form must be signed by two witnesses and acknowledged by a notary public. 

5. Distribute copies of the POA

First, you need to keep your copy of the Florida durable POA in a safe place. Second, you must provide your agent and successor agents, if applicable, with copies of the form. Lastly, provide copies to third parties where the POA is necessary like banks, state agencies, and other relevant institutions. 

Termination of durable POA in Florida

The durable POA in Florida will only be terminated when the principal dies. The principal may also revoke the POA anytime while they still have the capacity to do so by filing a revocation power of attorney. 

Moreover, when the principal makes another POA, the previous durable POA is automatically revoked.