Florida Durable Power of Attorney Form
The Florida Durable Power of Attorney is a legal instrument that is used to transfer decision-making powers about financial matters to another party of the principal’s choosing (known as the “surrogate” or “agent”). The “principal” is the name of the individual transferring powers (and completing the form). Because the form is “durable” it will continue unabated in the event of the principal’s incapacity (can no longer make decisions on their own).
In Florida, all durable POAs must accommodate the state’s statutes regarding the form; specifically § 709.2104. The words provided by the state law act as a legally-binding representation of such an intent.
General Power of Attorney – Similar to the durable POA, but differs in that it terminates upon the principal’s incapacitation.
Signing Requirements (§ 709.2105): As set out by state law, the Florida-specific POA requires the signature of the principal, two (2) witnesses, and acknowledgment by a licensed Notary Public.
What Powers can be Designated?
With the POA, the principal can designate one (1) or all of the following TRANSACTION powers to the elected surrogate:
- Real property
- (Tangible) personal property
- Stock and bonds
- Commodity and options
- Banking + other financial institutions
- Business operations
- Insurance & annuity
- Estate, trust, & beneficiaries
- Claims & litigation
- Personal and family maintenance
- Benefits from: social security, medicare, medicaid, military service, & other gov. programs
- Retirement plan
- Tax matters
Additionally, the principal can use the spaces provided on the third (3rd) page to grant unique/special powers to the surrogate.