Power of Attorney: Florida Requirements, Types, and Uses

What is a power of attorney?

In any discussion of power of attorney requirements in Florida, it helps to know some basic terms. A power of attorney is a legal document that gives a person, called an "agent" or “attorney-in-fact,” the authority to act on behalf of another individual, called the "principal." 

As the principal, you specify who will act as your agent and what powers you wish to grant. Here are some examples of what you can and can’t do with a POA in Florida, as outlined in FL. Stat. 709.2201-2202: 

In any discussion of power of attorney requirements in Florida, it helps to know some basic terms. A power of attorney is a legal document that gives a person, called an "agent" or “attorney-in-fact,” the authority to act on behalf of another individual, called the "principal." 

As the principal, you specify who will act as your agent and what powers you wish to grant. Here are some examples of what you can and can’t do with a POA in Florida, as outlined in FL. Stat. 709.2201-2202: 

What a power of attorney can do

When you create a POA, you can authorize your agent to handle various matters, such as:

• Personal finances. Managing bank accounts, investments, and bill payments.
• Property management. Buying, selling, or maintaining real estate and other assets.
• Business operations. Overseeing your business affairs and signing contracts.

However, general language that gives your agent “authority to do all acts” isn’t sufficient under Florida law (Stat. 709.2201). In other words, you must explicitly state the types of powers you want to grant your agent in the POA. 

What a power of attorney can't do

Your agent has a fiduciary duty to act in your best interests and can’t take actions that breach this responsibility. Additionally, Florida law sets a few limits on what an agent acting under a POA can do, including the following: 

• Personal actions. Your agent can’t vote in elections for you, make sworn statements about your personal knowledge, or perform duties that require your personal services.
• Estate planning. You can’t give your agent the authority to create or modify your will.
• Trustee powers. Any powers you hold as a trustee or court-appointed fiduciary can’t be transferred to your agent.

Most importantly, your agent can’t contradict your intentions or expectations. They must act within—and only within—the scope of authority you’ve outlined in the POA. 

Types of powers of attorney

You can create various types of powers of attorney in Florida, depending on the responsibilities you want your agent to handle: 

• General power of attorney. A POA that gives the agent a broad (but specified) range of powers to conduct all types of financial and legal transactions.
• Limited or special power of attorney. A POA that limits the authority of the agent to a single transaction, certain types of transactions, or to a certain period of time.
• Durable power of attorney. A power of attorney that is not terminated by the principal's incapacity. This is defined by Florida law as: "The inability of an individual to take those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, and income."

To give your agent the authority to make medical decisions, you must use a durable power of attorney or create a separate document known as a health care advance directive. 

If you have both documents and they contain conflicting instructions, Florida law (Stat. 709.2109) gives preference to your healthcare advance directive. The only exception is if your POA was executed later and specifically states it should override the directive. 

What laws govern powers of attorney in Florida?

The financial power of attorney requirements in Florida are found in the Florida Power of Attorney Act, which begins with Section 709.2101 of the Florida Statutes. Unlike many other states, Florida does not allow springing powers of attorney or provide an authorized form for a financial power of attorney. 

While you can usually find free Florida POA forms online, they don’t always address particular needs and may not comply with state requirements. If you want to customize your POA or have any questions, it’s best to consult an estate planning lawyer or use one of LegalZoom’s attorney-supported financial POA plans.

The 4 requirements for a power of attorney in Florida

If you live in Florida or are engaging in important financial transactions in the state, it is best to have a power of attorney that is created under Florida law. Otherwise, the POA won’t likely function as intended when your agent tries to use it. 

A power of attorney created under the law of another state should be accepted in Florida, but you are more likely to run into problems with an out-of-state form that is not familiar to the person you need to accept it.

Here are the general requirements to keep in mind: 

Content requirements

Florida law says very little about the content of a power of attorney other than you must be specific about the powers you wish to grant, as previously discussed. For certain powers, you must even sign or initial next to each authority being granted (FL Stat. 709.2202). 

FL. Stat. 709.2104 also says that if you want to create a durable power of attorney, it should include the following sentence: "This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in Chapter 709, Florida Statutes."

Given the lack of a standardized form, however, it’s especially crucial to seek legal advice to confirm your POA complies with all applicable Florida laws. 

Agent requirements

Under Florida law (Stat. 709.2105), your agent must be either a person who is at least 18 years of age or a financial institution that has "trust powers," a place of business in Florida, and is authorized to conduct trust business in Florida.

According to FL. Stat. 709.2111, you can also appoint two or more agents (known as co-agents) and successor agents in case your primary can no longer serve their role. Your agent should be someone you trust, who will act in your best interest, and who has the ability to make sound financial decisions for you.

Execution requirements

In order to be effective, a Florida power of attorney must be signed by the principal and two witnesses before a notary public (FL. Stat. 709.2105). 

In the event the principal is physically unable to sign, the notary public may sign the principal's name on the document.

Designation of health care surrogate

What is called a healthcare power of attorney in many states is called a health care advance directive or designation of health care surrogate in Florida. 

Laws relating to designating a health care surrogate are located in Chapter 765 of the Florida Statutes, with an approved form found in Stat. 765.203. 

It’s worth noting that you can authorize your agent to make medical decisions through a durable power of attorney (if you specifically grant this authority in the document). Both options are legally valid under Florida law, though it’s common to keep medical power separate from financial matters through a dedicated health care advance directive. 

How to get a power of attorney in Florida

Since Florida doesn’t have a pre-approved statutory POA form, you can research DIY forms online or work with a professional—whether an estate planning attorney or an attorney-supported POA service like LegalZoom. 

Either way, you’ll need to follow these steps to prepare the document: 

Determine the powers to grant

First, think carefully about what responsibilities you want your agent to handle. Are you looking for someone to temporarily manage your financial and legal matters while you’re unavailable? Or do you need help with specific tasks like operating your business or managing your property? 

Then, you should make a detailed list of these powers and any specific conditions or time limits you want to set. Keep in mind that Florida law requires you to be specific about the power(s) you grant, so it’s best to avoid overly broad statements that may invalidate your POA. 

Choose a trustworthy agent

While your agent must be at least 18 years old (or a qualified financial institution), there’s much more to consider than just the legal requirements. You want to choose someone you trust who has your best interests at heart and the skills to handle the affairs you ask of them. 

Make sure they understand the responsibilities and feel comfortable taking on the role. Although family members are common choices, you should ideally choose the person you feel is most capable of handling the responsibility. 

Draft the POA

If you choose to draft the document yourself, it’s highly recommended that you review Florida’s Power of Attorney Act requirements. Your POA must use clear and specific language and meet all state execution requirements, so you should be cautious about using generic online forms.

Conversely, if you work with an attorney near you in Florida, they’ll guide you through the entire process and ensure your POA matches your needs and circumstances. In the same way, LegalZoom’s POA packages are accepted nationwide and come with attorney review options for an affordable price. 

Sign and notarize the document

Next, you can locate your nearest notary public or review your options to have the POA notarized online. You must sign your POA (or direct someone to sign for you) along with two witnesses, after which your POA is legally binding. 

Keep the original and file copies 

After executing your POA, store the original document in a secure location and make a copy for your agent. You might also create other copies for any parties that need it, such as your business clients, Florida county’s Clerk of Courts, banks, or other financial institutions.

You should review your POA periodically and adjust it as needed. If you ever need to revoke your POA, you can notify your agent in writing or execute a new one, as outlined in FL. Stat. 709.2110. 

FAQs

Is there a difference between an attorney-in-fact and an agent?

No, the terms “attorney-in-fact” and “agent” mean the same thing in the context of a power of attorney. Both refer to the person you designate in your POA document to act on your behalf. 

When should you get a power of attorney?

Generally, it’s best to set up a power of attorney and your estate plan while you’re healthy and can clearly communicate your preferences. However, you might consider updating your POA (or at least have it reviewed) if you created it before 2011, as the laws in Florida have changed since then. 

How long does a power of attorney last in Florida?

A power of attorney typically remains effective until you die or choose to revoke it. Still, the exact duration depends on the type of power of attorney you create. For instance, a limited POA can specify the agent's authority terminates after they complete a certain task, whereas a durable POA lasts even if the principal becomes incapacitated. 

How much does a power of attorney cost in Florida?

It depends. You can create a POA for free using available online forms or hire an attorney, which usually costs a few hundred dollars or more. You can also work with LegalZoom to draft a financial power of attorney for as low as $39. Keep in mind you must also pay notary fees, which cost $10 to $25 in Florida as of writing. If you need to file the POA with a court in Florida, you might be responsible for additional fees (usually around $50).

Does a power of attorney have to be notarized in Florida?

Yes, Florida law requires your POA to be signed by the principal and properly notarized. Two witnesses must also sign the original document.

Edward A. Haman, Esq. contributed to this article.