Florida Real Estate (Property) Durable Power of Attorney Form

The Florida Real Estate (Property) Durable Power of Attorney gives a resident of Florida with the opportunity to get another individual or entity to manage their real estate affairs for the long term. Because the form is durable (does not terminate if incapacitation* occurs), it is not recommended to be used for short-term scenarios, but for situations where the person completing the form needs someone they can trust to handle their property in the event of a life-changing event.

The form grants a wide range of powers to the Attorney-in-Fact they elect, of which can include the right to buy, sell, convey, grant, transfer, lease and grant options. Additionally, the representative can modify any leases, on any and all real property owned by the principal now (or in the future).

For a non-durable POA that is useful for one-time situations (such as for the signing of a single contract), the limited POA should be downloaded.

*Incapacitation refers to the principal not having the ability to make decisions on their own; commonly due to medical reasons.

State Laws & Signing Requirements

State Laws: Title XL, Ch. 709 “Powers of Attorney”

Signing Requirements (§ 709.2105): In order to be valid for use in Florida, the principal needs to sign the form before a Notary Public and in the presence of two (2) witnesses.

Notes on the Form: The Real Estate POA can cause irretrievable, life-altering damage if it is entered-into with the wrong person. The principal should take a considerable amount of time determining who their agent is and whether they should sign a durable form or not. If the principal has already signed a POA and they believe their agent is not looking out for their best interests, they should complete a revocation of POA ASAP, and deliver it to their agent and any other persons that have a copy of the original POA.