A Florida power of attorney is a legal document utilized by individuals (principals) who require another person to manage their affairs, from medical to financial.
The person selected for this role is generally referred to as an agent or an attorney-in-fact.
The document may be utilized for various reasons, including illness, absence, or a desire to delegate responsibilities to someone they trust and who possesses the necessary knowledge and capacity.
Types of Power of Attorney in Florida
Florida Durable (Statutory) Power of Attorney Requirements
A durable (statutory) power of attorney allows principals to delegate management of their affairs to a chosen agent, even if they become incapacitated.
To use this type of power of attorney in Florida, principals must explicitly state in the document that it remains in effect in case of incapacity. (Ch. 709-2104)
Florida General (Financial) Power of Attorney Requirements
A general power of attorney in Florida grants the agent power over the principal's business affairs. This can include tasks such as managing bank accounts, investments, and real estate transactions, as well as making financial decisions on behalf of the principal.
Florida Limited (Special) Power of Attorney Requirements
A limited power of attorney ensures that the agent only has authority over the specific powers listed in the document and can be held responsible for acting outside of the defined limits.
Florida Parental (Minors) Power of Attorney Requirements
A parental power of attorney allows a parent or legal guardian to grant temporary authority to another adult to care for and make decisions on behalf of their minor children. It does not transfer legal custody of the child to the agent.
Florida Medical Power of Attorney Requirements
A medical power of attorney, also known as a healthcare power of attorney or a healthcare proxy, allows the "agent" or "surrogate" to make medical decisions on the principal's behalf in the event they become unable to make those decisions themselves. (Ch. 765-202)
Some of the choices can include consenting to or refusing medical treatment, choosing healthcare providers, and making end-of-life decisions.
Florida Springing Power of Attorney Requirements
With a springing power of attorney, the principal can set a future time or condition that will trigger the attorney's power to act on the principal's behalf. This type of power of attorney does not take effect until a certain date or event occurs.
Florida Vehicle Power of Attorney Requirements
With a vehicle power of attorney, a designated agent can handle tasks related to your vehicle, such as sales, registration, or other activities.
Florida Revocation of Power of Attorney Requirements
A principal can revoke a power of attorney by expressing the revocation in a later completed power of attorney or another written document signed by the principal.
Note that the second power of attorney does not automatically revoke the first one unless the principal specifically includes a statement of revocation. (Ch. 709.2110)
Florida Tax Power of Attorney Requirements
A tax power of attorney in Florida allows the designated person to represent the principal in all matters related to their taxes, such as appealing tax assessments, signing legal documents related to their taxes, or other similar activities.
Florida Real Estate Power of Attorney Requirements
With a real estate power of attorney, the principal can delegate authority to the agent to perform any task related to real estate transactions or property management that the principal would be able to do themselves.
Legal Requirements for a Power of Attorney in Florida
To be fully valid and in accordance with state laws, a power of attorney in Florida must meet the following requirements:
Agent. The agent must be either a natural person who is at least 18 years old or a financial institution with trust powers that has a place of business in Florida and is authorized to conduct trust business in the state.
Witnesses and notarization. The principal must sign the document, have it witnessed by two subscribing witnesses, and acknowledge the signature before a notary public. (709.2105)
Who Can Be an Agent for a Power of Attorney in Florida?
In Florida, the agent must be at least 18 years old and mentally and emotionally capable of understanding and carrying out their responsibilities as an agent. (Chapter 709.2102)
Additionally, the agent must not have any conflicts of interest that would prevent them from acting in the best interests of the principal.
Finally, the agent must be someone whom the principal trusts implicitly to act in their best interests. This could be a family member, a close friend, or a professional such as an attorney or financial advisor.
How to Create a Florida Power of Attorney?
Power of Attorney in Florida
#1. Decide on Which Type of Document to Use
In Florida, there are several types of powers of attorney, so determine which type will best suit your needs.
#2. Select an Agent
You should choose someone who you trust and who is willing and able to act in your best interests.
#3. Define the Agent’s Powers
A power of attorney should clearly define the scope of the agent's powers and responsibilities. Make sure that the document is specific enough to give the agent the necessary authority but not so broad that it creates confusion.
#4. Download & Fill in Our Form
Save your time and simply download reliable powers of attorney for every specific situation that you need from our website.
#5. Get It Signed & Notarized
In Florida, powers of attorney must be signed by the principal in the presence of a notary public to be valid.
#6. Safely Store The Original Copy
The original power of attorney document should be kept in a safe and secure location, such as a safe deposit box.
#7. Provide Copies to Relevant Parties
You should also provide copies of the document to your agent and any relevant parties, such as your doctor or financial institutions.
#8. Update the Document as Needed
Remember to review and update the power of attorney document periodically to ensure that it reflects your current wishes and circumstances. If you need to make changes, you can create a new power of attorney document or execute an amendment to the existing document.
How Long Does a Power of Attorney Last in Florida?
In Florida, the duration of a power of attorney depends on its type. A non-durable power of attorney becomes invalid if the principal becomes incapacitated or dies. A durable power of attorney remains valid even if the principal becomes incapacitated.
On the other hand, a power of attorney can be terminated in several ways, including when the principal dies, becomes incapacitated, is adjudicated partially or totally incapacitated by a court, revokes the power of attorney, or the purpose of it is accomplished.
Florida Power of Attorney FAQ
A power of attorney can be used in various situations when you cannot handle your own affairs, such as if you are incapacitated, out of the country, or simply unable to perform certain tasks.
A power of attorney is a legal document that grants someone else the authority to act on your behalf.
In Florida, a power of attorney must be signed in the presence of a notary public to be valid. This helps to prevent fraud and ensure that the document is legally enforceable.
A power of attorney and a will serve different purposes. The former allows someone to act on the principal's behalf while they are alive but unable to handle their own affairs. On the other hand, a will outlines someone's wishes for the distribution of their assets after they pass away.