DURABLE POWER OF ATTORNEY · FLORIDA
Keep your finances in trusted hands.
What “durable” means
A power of attorney ends if you lose capacity, unless it is durable. A durable power of attorney includes language stating that it is not affected by your later incapacity, which is exactly when your family needs it most.
What your agent can do
- Pay bills, taxes and household expenses
- Manage bank, brokerage and retirement accounts (within the account rules)
- Buy, sell, lease or manage real estate
- Deal with insurance, government benefits and creditors
- Handle business interests
- With specific authority, fund your trust, make gifts or change beneficiary designations
Under Florida law, certain sensitive powers, such as creating or changing a trust, making gifts or changing beneficiary designations, must be separately initialed or signed by you to be effective. We review each one with you.
Florida signing requirements
A Florida durable power of attorney must be signed by you in front of two witnesses and a notary. Florida generally does not permit “springing” powers of attorney that take effect only upon incapacity, so your document is effective when signed, and you choose an agent you trust accordingly.
Choosing your agent
Pick someone honest, organized and comfortable dealing with banks and paperwork. You can name successor agents in case your first choice cannot serve. Your agent has legal duties to act in your best interest and keep records.
AT A GLANCE
- Two witnesses and a notary required
- Effective immediately when signed
- Sensitive “superpowers” must be separately initialed
- Ends at death; your will or trust governs after that
- Can help avoid a guardianship over your finances
Talk it through with our team
COMMON QUESTIONS
Questions families ask
No. A power of attorney ends at death. After that, your personal representative (under your will) or successor trustee (under your trust) takes over.
Yes. As long as you have capacity, you can revoke it in writing and notify your agent and any institutions relying on it.
Florida law requires third parties to accept a properly executed power of attorney in many situations, with some procedures. Drafting to Florida’s statute and providing a certificate when needed helps avoid problems.
Often it makes sense for coordination, but not always. We discuss your family dynamics and recommend what fits.
