Florida Durable Power of Attorney

1

Your Information (Principal)

The person granting authority. Must be at least 18 years of age and of sound mind.

Full Legal Name *

Date of Birth *

County of Residence *

Street Address *

City *

Zip Code

2

Your Agent (Attorney-in-Fact)

The person you authorize to act on your behalf. Must be at least 18 years old (Fla. Stat. §709.2105). Choose someone you trust completely with your finances.

⚠️ Choose carefully. Your Agent will have broad authority over your financial affairs. Never appoint someone under pressure. You may revoke this document at any time as long as you are mentally competent.

⚠️ Divorce Notice: If your Agent is your spouse and you later divorce, your spouse's authority as Agent is automatically revoked as of the date the divorce is final, pursuant to Florida Statute §709.2109(2). No further action on your part is required.

📝 Co-Agent Note: Florida law permits the appointment of co-agents under §709.2116. If you wish to appoint two agents to act together or independently, consult an attorney to structure co-agent authority appropriately.

Full Name *

Relationship to You *

Address *

Phone Number

3

Successor Agent

If your Agent is unable or unwilling to serve, your Successor Agent steps in (Fla. Stat. §709.2111).

Full Name

Relationship to You

Address

Phone Number

4

Durability & Effective Date

Under the Florida Power of Attorney Act, a POA is durable unless it expressly states otherwise (Fla. Stat. §709.2104).

When does this Power of Attorney take effect? *

Immediately upon signing

Most common. Your Agent may act right away. The document remains effective even if you become incapacitated (Durable).

Springing — only upon my incapacity

Becomes effective only upon written certification of my incapacity by my attending physician. Note: Florida courts and financial institutions prefer immediately effective POAs — springing POAs can cause delays.

5

Powers Granted to Agent

Select the powers you wish to grant. Under Fla. Stat. §709.2202, certain powers must be expressly granted — they are marked below.

General Grant: Check "Grant All General Powers" OR select specific powers below. Certain powers (marked ★) require explicit authorization even if you grant all general powers (Fla. Stat. §709.2202).

Grant All General Powers Listed Below

Grants your Agent all standard financial and legal powers. You must still separately check any starred (★) powers you wish to include.

★ Special Powers — Must Be Expressly Granted

These powers must be explicitly checked to be effective under Fla. Stat. §709.2202, even if you grant all general powers above.

★ Make Gifts

Make gifts of your property to others, including Agent (subject to annual gift tax exclusion limits)

★ Create or Amend Trusts

Create, amend, revoke, or fund trusts on your behalf

★ Change Beneficiary Designations

Change beneficiaries on life insurance, retirement accounts

★ Self-Dealing Transactions

Agent may transact with themselves on your behalf

★ Waive Annuity/Retirement Rights

Waive right to be beneficiary of joint and survivor annuity or retirement plan (§709.2202(1)). Must be separately granted.

★ Create/Change Survivorship Rights

Create or change right of survivorship in real or personal property (§709.2202(3)). Distinct from beneficiary designations.

6

Limitations & Special Instructions

Optional restrictions or guidance for your Agent.

Agent Compensation

No compensation — Agent serves without pay

Standard for family members acting as agents

Reasonable compensation for Agent's services

Additional Limitations or Instructions (Optional)

✓

Florida Signing Requirements

Fla. Stat. §709.2105 — Must be signed before two witnesses AND a notary public.

⚠️ A Power of Attorney requires BOTH witnesses AND a notary public — unlike a Healthcare Surrogate designation which requires only witnesses. All parties must be present together.

Step 1 — Gather you (Principal), two witnesses, and a notary public — all present together.

Step 2 — Sign the document at the end in the presence of both witnesses and the notary.

Step 3 — Both witnesses sign in your presence and in the presence of each other.

Step 4 — Notary acknowledges your signature and affixes their seal.

Step 5 — Provide the original to your Agent. Keep a certified copy for yourself.

Step 6 — For real estate transactions, the POA may need to be recorded in the county where the property is located (Fla. Stat. §709.2105(3)).