Florida Financial Power of Attorney Form

There are several different types of powers of attorney in Florida, and different lawyers may use slightly different names for some of these. The following powers of attorney are the main types you should know about.

General Power of Attorney

A general power of attorney delegates broad powers to an agent. This will allow your agent to perform almost any act on your behalf. However, Florida law does not allow you to make a statement that you are giving your agent all powers or broad powers. You must list the specific types of actions that you authorize your agent to perform or your power of attorney will be invalid.

Limited Power of Attorney

A limited power of attorney is a power of attorney that grants an agent authority to perform a specific act or types of acts. For example, you might be leaving the state for an extended period and want to authorize a friend to sell your home or manage property for you.

Durable Power of Attorney

A durable power of attorney is a power of attorney that remains effective when you are incapacitated. Traditionally, powers of attorney would cease being effective when the principal was incapacitated. The durable power of attorney allows you the comfort of knowing that your agent can continue to act when you cannot act for yourself.

To ensure you have a durable power of attorney it must state, “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes,” or similar words that show you intend it to be durable.

Nondurable Power of Attorney

With a nondurable power of attorney, your agent’s authority ceases when you are incapacitated. If you do not indicate that your power of attorney is durable, it will be considered nondurable. Use a nondurable power of attorney when you want to have strict oversight over an agent’s actions and do not want them to have authority when you cannot monitor them. This type of power of attorney is most appropriate when you grant limited authority for a specific transaction or type of transaction.

Designation of a Health Care Surrogate

Although it is not called a power of attorney, the designation of a health care surrogate is the equivalent of a medical power of attorney. You can choose whether it is effective immediately or only when you become incapacitated.

Springing Power of Attorney

Unlike many states, Florida does not allow springing powers of attorney. A springing power of attorney only becomes effective when a specific event happens (usually the principal’s incapacity). In Florida, all powers of attorney are effective when they are executed. The only exception to this rule is the designation of a health care surrogate, which allows you to dictate that it is effective upon your incapacity.

You do not need a lawyer for a financial power of attorney. If you have an easy-to-use form that complies with Florida law, like the forms we offer, you can create your own financial power of attorney. If you complete the form correctly and sign it with two witnesses and a notary public, you will have a valid power of attorney.

It can be a wise decision to have an estate planning attorney review your form once it is completed — this is a much less expensive way to ensure you have a legally sound document. You can also consult with an attorney if you have questions about powers of attorney or want advice about the types of powers to give your agent or whom to choose as an agent.

Most financial powers of attorney will last indefinitely, but a power of attorney automatically ends when any of the following happen:

• The principal dies
• The power of attorney lists a termination date and that date arrives
• The principal becomes incapacitated and the power of attorney is nondurable
• A court determines that the principal is partially or totally incapacitated and does not allow the agent to maintain authority (if a court intervenes, it does not matter if the power of attorney is durable)
• The power of attorney’s purpose is accomplished (for example, an agent has the power to buy property and completes the purchase)
• An agent’s power is terminated and revoked, and there are not co-agents or successor agents
• The principal revokes the power of attorney

If an agent’s authority terminates, a power of attorney can remain in effect if there are co-agents or successor agents. The following events cause an agent’s authority to cease:

• The agent dies or becomes incapacitated
• An agent resigns
• A court removes the agent
• The agent and principal are married and either one files for divorce (unless the power of attorney states that the agent’s authority will survive a divorce)

If an agent does not have knowledge that either their authority or the power of attorney is terminated and continues to act in good faith, the agent’s acts will be binding on the principal.

You can revoke a financial power of attorney at any time as long as you are competent.

Your revocation must be in writing and signed and dated. You also can revoke a power of attorney by creating a new power of attorney. However, a new power of attorney does not automatically revoke an old power of attorney unless it states the previous power of attorney is revoked.

You should give notice to the agent that the power of attorney is revoked. The Florida Power of Attorney Act permits notice to be in “a manner reasonably suitable under the circumstances,” including first-class mail, personal delivery to the agent, fax, or email. You should confirm that the agent received the revocation. An agent who acts in good faith without notice of a revocation can still bind you.

There are some acts an agent can never do for a principal even if the power of attorney says the agent has authority, including voting in an election and making or revoking a will. A full list of prohibited acts is available at Florida Power of Attorney Act Section 709.2201(3).

Some powers can only be granted if the principal signs or initials next to the power in the power of attorney. These powers include making a trust for the principal and changing beneficiary designations for the principal. A full list of acts that require an additional signature or initial next to the power is available at Florida Power of Attorney Act Section 709.2202.

If an agent presents a financial power of attorney to a business or another third party, the business or third party does not need to conduct business with the agent if it would not be required to do business with the principal. For example, if an agent asked a third party to sell an item to the principal that is not for sale, the third party would not be required to sell.

If a third party would be required to deal with the principal, then it should honor a valid power of attorney. If a third party unreasonably refuses to honor a power of attorney, a court can order them to honor it.

However, Florida law does allow third parties to ask for assurances that a power of attorney is valid before conducting business with an agent. A third party can do the following:

• Require an agent to sign an affidavit stating that the agent is validly using the power of attorney
• Request an opinion from an attorney about the validity of the power of attorney
• Request an English translation if the power of attorney is in another language

If an agent fails to provide any of above, a third party can refuse to accept the power of attorney.

A financial power of attorney for your elderly parents is an important way to help them manage their finances. You should talk to your parents and see if they already have a power of attorney and if they want to revoke or modify it.

If your parents are competent, you can help them create a financial power of attorney. However, if they are incompetent or incapacitated, they cannot create a power of attorney. You will need to petition a court to appoint you or another adult as a guardian.

Attorneys in Florida charge anywhere between $100 and $300 for a financial power of attorney. Most estate planning attorneys also offer a power of attorney as part of an estate plan package that includes a will and trust.

Through FindLaw’s DIY power of attorney service, you will only pay $35. Our forms were developed by attorneys and based on your state’s laws.

FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. If you have a complex case, or would like a lawyer’s review of your estate planning documents, please visit our directory to find a lawyer near you.