Florida Power of Attorney Forms

Florida Power of Attorney Forms

A Florida power of attorney form lets a person choose a delegate to act on their behalf in regards to their healthcare, finances, real estate, or business matters. The person selected (the “agent”) must understand the weight of their duties and will need to understand they are required by law to uphold the requirements contained in the document.

By selecting a “durable” form, the agent who is being granted with 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 becoming “incapacitated.”

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Types (6)

Durable

Vests an agent with authority over the principal’s financial and legal affairs. The form’s durable nature ensures that the agent can continue acting on the principal’s behalf even if the principal becomes incapacitated.

 

General (Financial)

Provides the agent with wide authority over the principal’s finances, including banking, real estate, and tax matters. The form becomes invalid if the principal loses the mental capacity to make their own decisions.

 

Limited (PDF)

Authorizes an agent to carry out only the particular tasks or duties described in the document. The agent’s authority expires once the designated task is completed or the specified time period ends.

 

Medical

Known as a designation of health care surrogate, this form allows the principal to choose a trusted person to communicate their medical preferences. The surrogate’s authority begins when the attending physician determines the principal can no longer make informed health care decisions.

 

Minor Child

Gives a trusted individual the ability to make day-to-day decisions for a child when the parent or guardian is temporarily unavailable. The appointed person may handle schooling, medical appointments, and routine care.

 

Motor Vehicle (HSMV 82053)

Form HSMV 82053 authorizes an agent to conduct vehicle-related transactions on the owner’s behalf, including title transfers, registration, and the sale or purchase of a vehicle through the FLHSMV.

 

Signing Requirements

Type Requirement
Durable Must be signed by the principal in the presence of 2 subscribing witnesses and acknowledged before a notary public.[1]
General (Financial) The principal must execute the document before 2 witnesses and a notary public.[1]
Limited Requires the principal’s signature along with 2 witnesses and notarization.[1]
Medical Signed by the principal in the presence of 2 adult witnesses, at least 1 of whom is not the principal’s spouse or blood relative.[2]
Minor Child Must be signed by the parent or legal guardian. No specific execution statute, but notarization is recommended.
Motor Vehicle The vehicle owner must sign the form. No notarization is required by the FLHSMV.