Florida Power of Attorney: Guidelines and Requirements

A power of attorney (or POA) is a legal document giving someone else (called your agent, attorney in fact), the authority to make decisions and take action for you. To create a Florida power-of-attorney, you must be at least 18 years old and have witnesses.

This is what you need to know if you are considering creating a Florida power of attorney.

Types Florida power of attorney

Florida recognizes many types of POAs.

• Designation of a health care surrogate: In other states, this is called a medical POA (or a healthcare POA). This allows your agent or health care proxy to make medical decisions on your behalf if you are unable.

• General power of attorney/financial powers of attorney: This permits someone to make decisions about your finances and business affairs. Your agent may pay your bills or manage your banking.

• Florida real property power of attorney: It is a limited POA which allows your agent to purchase or sell property on your behalf.

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  Florida Department of Revenue POA
  
  
  
  Your agent can now access your taxpayer information to handle tax matters for you.
  
  
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  Florida Department of Revenue. Formulation DR-835. March 22, 2023.
  

  
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A Florida power of attorney could also fall under one or more of the following subcategories:

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  Durable power to attorney
  
  
  
  
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  Your agent will still have authority if you are incapacitated by a durable power of attorney. Florida POAs don’t become durable by default. Your power of attorney must include the following words, or something similar, in order to be durable: “This durable power is not terminated by the principal’s subsequent incapacity, except as provided in chapter 709, Florida Statutes.”
  
  
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  . Talk to an experienced
  
  
  Estate planning attorney
  
  
  To ensure that the Florida law is complied with,
  

• Limited or special power of attorney: This allows the agent to act on your behalf for a specific time or purpose, such taking care of your banking while your are away.

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  Power of attorney for springing:
  
  
  
  This power of attorney is not effective if the principal, or its creator, becomes incapacitated. Florida has banned the use of springing powers of attorney. However, POAs that were made before Oct. 1, 2011, may still be valid.
  
  
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Florida POA requirements

To create a Florida power of attorney, you must meet these requirements:

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  Must be at least 18 years of age.
  

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  The Florida court system interprets that you must have a sound mind.
  

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  The chosen agent or agents must be at minimum 18 years of age and sound in their minds.
  

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  Two adult witnesses must sign the POA. A notary public must also sign it. This may be different for military powers of attorney. You should ensure that your witnesses are not “interested”, which is to say they aren’t a family member, agent, doctor, or other caregiver.
  
  
  beneficiary
  
  
  (someone who will inherit from you something or claim on your assets upon your death)
  
  
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How do you create a power-of- attorney in Florida

1. Make your official document. You can either work with an attorney or use the estate planning software. Choose your agent and indicate when they are available to act for you. This information should be included in your document.

2. Your POA must be signed with witnesses and the notary. Two witnesses must be present to sign a POA for designation of a health care surrogate. For any other POA, two witnesses must be present along with a notary public. This document must be signed by you, your witnesses, and (if necessary) your notary.

3. Keep your document safe with all your estate planning documents. Give your agent the original and a copy.

4. You should give a copy to all relevant parties. For example, you might want to give a copy of your POA to your financial institutions and medical care providers. You should file a copy of your POA if it involves real estate transactions. This office is in Florida known as the Clerk at the Circuit Court & Comptroller.