Florida Power of Attorney Guide

What Is a Power of Attorney?

A power of attorney is a legal document that grants one person, known as the agent or attorney-in-fact, the authority to act on behalf of another person, known as the principal, in financial or health-related matters.

Powers can include managing finances, making medical decisions, or conducting real estate transactions.

The power can be broad or limited to specific activities.

Types of Power of Attorney in Florida

1. General Power of Attorney:
   • Grants broad powers to the agent to handle all business and financial matters on the principal’s behalf.
   • Automatically terminates if the principal becomes incapacitated or passes away.
2. Durable Power of Attorney:
   • Remains in effect at all times..
   • Commonly used for long-term planning, particularly in cases involving elder care or disability.
3. Limited or Special Power of Attorney:
   • Grants the agent authority to perform specific acts or handle specific matters. For example, selling a property or managing certain financial transactions.
   • Typically has a set time frame or expires once the specified act is completed.
4. Medical Power of Attorney:
   • Also known as a Designation of Health Care Surrogate, it allows the agent to make medical decisions on the principal’s behalf if they are unable to do so themselves.

Prior versions of Florida’s power of attorney law allowed a springing power of attorney, but recent revisions to Florida law outlawed its use.

Legal Requirements for a Valid Power of Attorney in Florida

Here are the requirements to make a valid power of attorney document in Florida:

1. You must have capacity. The principal must be mentally competent at the time of signing the POA, understanding the implications of what they are signing.
2. It must be voluntary. The principal must sign the POA voluntarily without coercion.
3. There must be two witnesses. A Florida POA must be signed by the principal and two witnesses to the principal’s signature. These witnesses must be present at the time of signing and understand that the document being signed is intended to serve as a Power of Attorney.
4. It must be notarized. The principal’s signature on a Power of Attorney document must be notarized to be valid.

How to Make a Power of Attorney

Here are the steps to making a power of attorney in Florida:

1. Decide which type of power of attorney to make.
2. Choose an agent and the scope of the authority.
3. Obtain a power of attorney form or have an attorney draft one.
4. Sign the power of attorney in the manner provided by Florida law.
5. Give a copy of the power of attorney to the agent.

The scope of the power of attorney, also called a general power of attorney, can range from very small—a short duration and only the power to do very few things—to all-encompassing.

A broad power of attorney might empower the attorney-in-fact to act legally for the grantor for any aspect of their life, including entering and making contracts, loans, mortgages, deeds, trusts, and so on.

Benefits of a Power of Attorney

In Florida, as in other states, there are several benefits to getting a power of attorney:

1. Flexibility and Control: With a POA, you can give your agent as much or as little power as you choose. You can grant broad authority or limit the agent’s power to specific tasks or periods.
2. Choice of Representative: You get to choose who will manage your affairs. This is particularly important if you become incapacitated and cannot decide independently.
3. Avoiding Guardianship Proceedings: If you become incapacitated without a POA, a court might have to appoint a guardian or conservator to make decisions for you. This process can be time-consuming, expensive, and stressful for your loved ones. With a POA, you can avoid this.
4. Financial Management: A POA can be used to manage financial and business transactions, such as banking, investments, tax affairs, and property management. This can be essential if you become unable to handle these affairs yourself.
5. Healthcare Decisions: In Florida, you can also create a healthcare POA, which appoints an agent to make medical decisions on your behalf if you cannot do so.
6. Peace of Mind: Knowing that someone you trust is ready and legally able to manage your affairs if necessary can give you and your loved ones peace of mind.

Remember, a power of attorney ends at your death, at which point the directives of your will (if you have one) take over.

FAQs About a Florida Power of Attorney