{"id":372557,"date":"2016-03-31T21:34:54","date_gmt":"2016-04-01T02:34:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-durable-power-of-attorney-laws.html"},"modified":"2026-05-11T16:52:42","modified_gmt":"2026-05-11T21:52:42","slug":"florida-durable-power-of-attorney-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-durable-power-of-attorney-laws.html","title":{"rendered":"Florida Durable Power of Attorney Laws"},"content":{"rendered":"\n
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Florida Durable Power of Attorney Laws<\/h1>\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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A Florida durable power of attorney is a legal document that gives your agent the authority to manage your financial affairs even if you become incapacitated. A valid durable power of attorney must be signed by the principal in front of two witnesses and a notary public.<\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n\n

A power of attorney (POA<\/span>) is a legal document<\/span> that allows you (the \u201cprincipal\u201d) to grant certain authority to a trusted person (the \u201cagent\u201d or \u201cco-agents<\/span>,\u201d also known as the \u201cattorney-in-fact<\/span>\u201d) to act on your behalf to manage your financial affairs. If the power of attorney document<\/span> includes statute-specific durability language, this authority remains in place even if you become incapacitated<\/span>. In the estate-planning<\/span> context, a durable power of attorney<\/span> (DPOA) is an essential component of incapacity<\/span> planning.<\/p>\n

Incapacity<\/span> Planning in Florida<\/span><\/h2>\n

A thorough estate plan<\/span> includes your directions about how your estate should be handled at your death as well as during your lifetime if you become incapacitated<\/span>. Including incapacity<\/span> planning means you\u2019ve provided instructions to your family members<\/span> and loved ones not only for after your death but also for your potential incapacity<\/span>. You need two different legal documents<\/span> to fully plan for your incapacity<\/span>. One appoints an agent to manage your financial matters (the focus of this article), while the other appoints an agent to manage your healthcare decisions<\/span>.<\/p>\n

Durable Power of Attorney<\/span> for Financial Matters<\/h3>\n

If you become incapacitated<\/span> and have a durable power of attorney<\/span>, your agent can usually step in immediately with the authority you\u2019ve granted to control your financial matters. The process can be quick and seamless, allowing continuity in the management of your financial affairs and interactions with financial institutions<\/span>.<\/p>\n

Without a durable power of attorney<\/span>, your loved ones may have to initiate a guardianship proceeding so that the court can appoint a guardian to manage your finances during your incapacity<\/span>. The court (probate<\/span> division) will oversee the determination of your incapacity<\/span>, appoint your guardian, and provide ongoing supervision of your guardian\u2019s actions. Not only does this take time and money, but it also means you\u2019ve given up control over who manages your financial matters.<\/p>\n

Unless an exception applies, a Florida<\/span> DPOA is effective at execution<\/a>. Some states allow a springing power of attorney<\/span> that only takes effect if you become incapacitated<\/span>. Florida<\/span> is not one of them. Possible exceptions to this are a military power of attorney<\/a> (which may be effective at deployment) or a DPOA created before October 1, 2011.<\/p>\n

Designation of Health Care Surrogate<\/span><\/h3>\n

The agent under a DPOA cannot make healthcare decisions<\/span> on behalf of the principal<\/span>. To name a trusted person to manage your healthcare if you become incapacitated<\/span>, you need a Designation of Health Care Surrogate<\/span><\/a>. This legal document<\/span> works well for incapacity<\/span> planning in combination with a living will<\/a>, which is the legal document<\/span> expressing your healthcare wishes. A Florida<\/span> statutory form is available for both.<\/p>\n

Unlike a DPOA for financial matters, your agent\u2019s authority under a Designation of Healthcare Surrogate<\/span> may be immediate or springing. The latter means it\u2019s effective only if and when you become incapacitated<\/span>.<\/p>\n

Requirements for a Valid DPOA in Florida<\/span><\/h2>\n

Although Florida<\/span> law<\/span> doesn\u2019t provide a safe-harbor DPOA statutory form, it does set out several requirements that must be met for a valid Florida<\/span> power of attorney<\/span>.<\/p>\n

The Framework of a Valid DPOA<\/h3>\n

Florida<\/span> Statutes<\/span><\/a> outline qualifications and document execution requirements for an agent:<\/p>\n