Florida Power of Attorney Forms
The Florida Power of Attorney Forms are legal documents that allow a person to choose a representative (known as the “agent” or “Attorney-in-Fact”) to make healthcare, financial, tax, motor vehicle, and other decisions for them, so long it is permitted by Florida law. Depending on the form chosen, the agent can be authorized with making decisions regarding the entirety of the person’s life, or only over a single topic, such as registering their car.
By selecting a “durable” form, the agent who is being granted with one (1) or more powers will keep their decision-making powers in the event the person completing the form (known as the “principal”) succumbs to a serious medical emergency that leaves them unable to make decisions on their own. The legal term used for describing the said medical situation is “incapacitated.”
Regardless of the form chosen, for a power of attorney to be official and valid in Florida, it must be completed, signed, and filed as per state law.
Designation of Health Care Surrogate (Medical Power of Attorney) – Official form created by the state of Florida Bar & Florida Medical Association. The form provides a means for an individual to elect a health care surrogate to make decisions regarding the principal’s health care in the event they become incapacitated.
Durable (Financial) Power of Attorney Form – Assuming the requirements set forth by state law are fulfilled, the power of attorney conditions listed in the form type will remain if the principal were to become incapacitated. Should not be used for medical matters.
General (Financial) Power of Attorney Form – One of the most common types of POAs – the form allows the person completing it to elect an agent to oversee all (or some) of their financial matters. Is non-durable, meaning it will terminate should the person completing the form become incapacitated.
Limited (Special) Power of Attorney Form – A power of attorney form used only for circumstances involving the transfer of a narrow, rather than a broad range of decision making powers from a principal to an agent. A non-durable form.
Minor Child Power of Attorney Form (Application for Appointment as Guardian) – A form used for transferring parental powers to a guardian (“Ward”). Parents who know of a trusted family member, friend, or other individual they wish to entrust the care of their child can request them to complete the petition and bring it before a county judge for approval.
Download – Adobe PDF
Motor Vehicle Power of Attorney (Form HSMV-82053) – A document provided by the Florida Division of Motorist Services to allow FL residents to grant decision-making power regarding a motor vehicle, vessel, or mobile home to another person. Can be used for allowing a person to buy, sell, register, and complete other actions on behalf of the person that completes the form.
Download – Adobe PDF
Real Estate (Property) Durable Power of Attorney Form – A durable POA for nominating an individual with the power to make decisions regarding a person’s properties. For long-term use.
Revocation of Power of Attorney Form – Used for terminating existing Power of Attorney forms.
State Tax Power of Attorney (Form DR-835) – A Florida Department of Revenue form that allows a person to assign a representative that has permission to handle their confidential tax matters (filing, submitting, etc.).
Download – Adobe PDF
What is a Florida Power of Attorney?
A Florida Power of Attorney (POA) is a document that gives a person a means of handing over a range of responsibilities to a person of their choosing, for the short or long term. In Florida, the terms “Attorney-in-Fact” and “agent” are used to describe the person receiving the powers, whereas the person handing over power is known by the name of “principal.” It is of utmost importance that neither party signs a POA form unless both parties have a strong understanding of the conditions set forth in the form. The reason being that a POA is a legally-binding document that has the potential of seriously damaging the principal’s life if used in wrongful ways.
- Power of Attorney Laws: (Ch. 709, Part II, “Powers of Attorney”)
- Definitions of Common Terms: (§ 709.2102)
- Duties of the Agent: (§ 709.2114)
- Signing Requirements (§ 709.2105): Florida requires all POAs to be signed by the principal along with two (2) witnesses and be acknowledged by a Notary Public. Only one (1) witness can be related to the principal.
When is it Effective?
For a Florida Power of Attorney to be effective, the following must hold true (according to § 709.2105):
- The agent (Attorney-in-Fact) must be at least eighteen (18) years old or the Agent must be a business that holds trust powers, is authorized to conduct business within Florida, and has a place of business within the state.
- The document must be signed by the principal in the presence of two witnesses and be acknowledged by a Notary Public.