Download Florida Durable Power of Attorney Form [PDF]

The Florida durable power of attorney is a legal document one party, called the principal, uses to authorize another person, called the agent or attorney-in-fact, to represent them before governmental, financial, legal, and other institutions and third parties.

The main feature of a durable power of attorney (DPOA) is that it remains valid even if the principal loses the capacity to act on their behalf. This can happen if the principal becomes incapacitated due to a physical or mental disability, such as dementia or Alzheimer’s disease, or simply because the principal lives far away from the place where a certain action must be taken.

This type of power of attorney can also be in the form of a general durable power of attorney or a financial durable power of attorney.

Durable Power of Attorney Laws & Requirements in Florida

Laws & Requirements

Law: Florida Statutes, Title XL, Chapter 709, Part II
Signing: The principal must sign the document before the notary public and at least two witnesses. (§ 709.2105(2))
Statutory form: The Florida Statute doesn’t provide the statutory form for a durable power of attorney. However, it provides the vocabulary that should be used to indicate the durability of a power of attorney in § 709.2104.
“Durable” definition: According to Section 2102(4), “Durable” means, with respect to the power of attorney, not terminated by the principal’s incapacity.

How to Fill out a Durable Power of Attorney in Florida

#1. Designate an Agent

Firstly, insert your and your agent's full names and mailing addresses. If necessary, provide the agent’s ID and professional license number.

When choosing an agent, you should look for someone who has legal capacity and is willing to represent you. Moreover, you should look for a person who is trustworthy, especially if they are representing you in financial and medical matters.

In addition, you can name the successor agent, who will act in case the primary agent is incapable or unavailable to represent the principal.

#2. Grant Authority

Another important element of a durable power of attorney is determining the scope of authority the agent will have.

Here, you will have three methods of determining the authority:

Scope of Authority

General authority. This option enables the agent to take all the necessary actions and represent you before all third parties. You can limit the general authority by providing the activities the agent is not allowed to take.
Partial authority. Here, the agent will be authorized to take part only in certain activities they are authorized for. You can determine the scope of authority by signing your initials in front of every authority you want the agent to have.
Specific authority. In this section, you will be able to define the scope of authority in your own words. This gives you more flexibility since you can provide the specific authorities that are not provided among the partial authorities.

#3. Ensure the Form is Durable

In Florida, to make your power of attorney durable, you should use the language provided in § 709.2104.

#4. Sign the Form

According to the signing requirements set for a durable power of attorney in Florida, the principal must sign the durable power of attorney before the notary public and at least two witnesses.

#5. Notarize the Form

The notary public will acknowledge the principal's signature and the overall authenticity of the document by notarizing the durable power of attorney.

#6. Store Your Durable Power of Attorney Form

You should keep the original copy of the durable power of attorney in your possession and in a safe place. Moreover, you can give one copy to the agent and any third party they are interacting with.

How to Revoke a Durable Power of Attorney in Florida

The best way to revoke your Florida durable power of attorney is to write a revocation letter. Here, you will enter the name and mailing address of the agent and the date of issuing the power of attorney. If necessary, you can insert other details that will help the parties individualize the document.

After creating the revocation letter, make sure to deliver a copy to the agent and every third party the agent is interacting with so the revocation can take effect.

Moreover, you can also revoke the power of attorney by destroying the existing copies or by verbally revoking it.