Power of Attorney in Florida

Frequently Asked Questions Regarding a Power of Attorney

Who can I appoint as my Power of Attorney Agent? Do they have to live in Florida?

You may appoint almost any competent adult as your Power of Attorney (POA) agent in Florida. Specifically, your agent must be a natural person who is at least 18 years of age. Alternatively, you can name a financial institution that possesses trust powers, has a place of business in Florida, and is authorized to conduct trust business in the state. Importantly, the individual you choose as your agent does not have to live in Florida. A nonresident individual who meets the age and competency requirements can legally serve as your agent. While residency is not mandatory, you should choose a trustworthy and capable agent who can practically fulfill their duties, even from out of state. Florida law requires the agent to act as a fiduciary, meaning they must act loyally, in good faith, and in your best interest. It is highly recommended to appoint a successor agent in your durable POA document in case your primary choice becomes unavailable.

In Florida, what is the difference between a Principal and an Agent relating to a Power of Attorney?

In Florida law, the distinction between a Principal and an Agent is based on who grants the authority and who receives it. The Principal is the individual who creates the Power of Attorney (POA) document and is delegating specific powers. The Principal must have the mental capacity to understand the document's effect when signing it. Conversely, the Agent is the person granted the legal authority to act on behalf of the Principal. This Agent is sometimes referred to as an "attorney-in-fact," which is not required to be a lawyer. Critically, the Agent is considered a fiduciary under Florida law. This fiduciary status means the Agent has a mandatory duty to act in good faith and solely in the Principal's best interest. The Principal determines the scope of the Agent's power, which can be general or limited to specific actions. An act performed by the Agent legally binds the Principal as if the Principal performed the act themselves. The POA terminates upon the Principal's death, at which point the Agent's authority ceases.

In Florida, what is the difference between a Durable Power of Attorney and a "General" or "Non-Durable" Power of Attorney?

The key difference between these two types of Power of Attorney (POA) in Florida rests solely on the effect of the Principal's later mental incapacity. A Non-Durable Power of Attorney, sometimes referred to as a "General" POA if it grants broad powers, is automatically and immediately terminated if the Principal becomes incapacitated. This means a non-durable POA is useless exactly when a family often needs it most to manage an incapacitated person's affairs. In contrast, a Durable Power of Attorney is specifically designed to survive the Principal's subsequent incapacity, remaining fully effective. Florida Statutes define a POA as durable if it includes words indicating the authority is "not terminated by subsequent incapacity of the principal." For POAs executed after October 1, 2011, the durable version is effective immediately upon proper signing, as Florida law no longer recognizes "springing" powers contingent on later incapacity. A durable POA is therefore a critical tool for Florida estate planning, allowing the Agent to seamlessly manage finances and property without the need for court-ordered guardianship. Both types can grant a broad range of authority, but only the durable version provides long-term protection against incapacity.

In Florida, Can I have more than one Power of Attorney? (e.g., one for finances and one for health care)

Yes, in Florida, an individual can legally have more than one Power of Attorney (POA) and often should. The state distinguishes between POAs for financial matters and for health care decisions. The financial POA, governed by Chapter 709 of the Florida Statutes, grants an agent authority over your property and money. Conversely, health care decisions are typically handled by a separate document called a Designation of Health Care Surrogate, which is governed by Chapter 765. It is common and advisable to name different people in these roles to leverage their unique skills; for example, a financially savvy child for the durable POA and a medically knowledgeable one for the surrogate designation. Furthermore, Florida law permits the Principal to name co-agents for the same document, such as two people for a financial POA. Unless the document specifies they must act jointly, co-agents are presumed to be able to act independently under current Florida law. Ultimately, having multiple, clearly defined documents allows for comprehensive coverage of a person's affairs upon incapacity.

In Florida, What powers can I grant to my Agent?

In Florida, the Principal can grant an Agent broad authority over their financial and legal affairs through a Power of Attorney (POA). This specific authority must be explicitly granted within the document; general blanket statements granting all powers are insufficient under Florida Statute §709.2201. An agent can be authorized to handle routine matters like managing bank accounts, buying and selling real estate, and filing taxes. However, certain significant powers, often called "superpowers," require the Principal to separately sign or initial next to each grant of authority. These special powers include the ability to make gifts, create or change rights of survivorship, and amend or revoke a trust. Conversely, an agent is statutorily prohibited from taking certain actions, such as voting in a public election or executing or revoking the principal’s will. While a financial POA can grant authority for health care decisions, a separate Designation of Health Care Surrogate is the preferred legal instrument for medical matters. The Agent’s authority is effective immediately upon execution of a durable POA, continuing even if the Principal becomes incapacitated. The Agent acts as a fiduciary and must always exercise authority in the Principal's best interest.

Power of Attorney and Estate Planning Lawyers serving Polk County Florida, including: Lakeland, Winter Haven, Bartow, Auburndale, Babson Park, Bowling Green, Bradely Junction, Brewster, Combee Settlement, Crooked Lake Park, Crystal Lake, Cypress Gardens, Davenport, Dundee, Eagle Lake, Fort Meade, Frostproof, Fussels Corner, Gibsonia, Green Pond, Haines City, Highland Park, Highlands City, Hillcrest Heights, Jan Phyl Village, Inwood, Kathleen, Lake Alfred, Lake Hamilton, Lake Wales, Lakeland Highlands, Mulberry, Polk City, Willow Oak, Wahneta, Waverley, Hillsborough County Florida, including: Tampa, Brandon, Plant City, Citrus Park, Temple Terrace, Apollo Beach, Balm, Bealsville, Bloomingdale, Cheval, Dover, Egypt Lake-Leto, Fort Lonesome, Gibsonton, Greater Carrollwood, Greater Sun Center, Gulf City, Hopewell, Keysville, Lake Magdalene, Lithia, Lutz, Mango, Orient Park, Palm River-Clair Mel, Pebble Creek, Progress Village, Riverview, Ruskin, Seffner, Sun City, Thonotosassa, Town 'N Country, Turkey Creek, Valrico, Westchase, Wimauma, Ybor City, Orange County Florida, including: Orlando, Maitland, Apopka, Winter Park, Alafaya, Bay Lake, Belle Isle, Bithlo, Christmas, Doctor Phillips, Eatonville, Edgewood, Fairway Shores, Goldenrod, Gotha, Hunter's Creek, Lake Buena Vista, Lockhart, Meadow Woods, Oakland, Ocoee, Orlovista, Pine Castle, Pine Hills, Southchase, South Apopka, Taft, Tangerine, Union Park, Wedgefield, Williamsburg, Windermere, Winter Garden, Zellwood, Central Florida and throughout the State of Florida.