Design and create a comprehensive Florida Power of Attorney (POA) tailored to your needs and state’s requirements with the help of step-by-step guidance and expert customizable forms.
Last Update July 21st, 2021
Types of Power of Attorney in Florida
Before starting a Florida Power of Attorney it is critical to know what type of POA to create. There are many different varieties of these legal instruments and each grants different kinds of powers from a Principal to an Agent or Attorney-in-Fact.
The most common types of Power of Attorney legal documents include the following:
General: General Power of Attorney is used by Principals to allow Agents to handle a broad range of their financial affairs. They expire as soon as the Principal becomes incapacitated for any reason.
Durable: A Durable Power of Attorney is often used by Principals to prepare for advanced age, serious illness, or disability. They can be used for financial or medical purposes and continue to remain valid even if the appointing individual becomes incapacitated.
Limited: Limited Power of Attorney is used by Principals to delegate decision-making powers to trusted individuals for a limited amount of time. These are usually created to allow professionals such as attorneys or financial advisors to act on your behalf for one-off tasks such as signing contracts or opening bank accounts, etc.
Springing: A Springing Power of Attorney is a document that comes into effect once certain conditions are met. For example, in the case of the mental or physical incapacitation of the Principal. It is not currently possible to create a Springing POA in Florida, following laws introduced in 2011.
Real Estate: Real Estate Power of Attorneys are specially written documents that allow Principals to delegate essential responsibilities of the home buying process to professionals such as Estate Agents.
Medical: Medical Power of Attorneys are a type of Durable POA used by individuals to delegate the responsibility of their healthcare decisions to a trusted friend or family member.
DMV: A DMV Power of Attorney can be used to grant powers to make decisions over any vehicles you own. This is not limited only to cars and motorcycles, but also larger vehicles such as trailers, HGVs, and boats.
How to Get a Power of Attorney in Florida
It is possible to complete a Florida Power of Attorney fully online using our form creation survey. This allows you to quickly and easily draw up a document with the assistance of simple step-by-step instructions, fully mapped out templates and customizable elements that can be tailored to your individual needs.
Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time consuming and costly process.
Last but not least, it is possible to get prepared Power of Attorney forms from a Florida DMV site. However, these documents can only be used to create a POA for vehicles.
Florida Power of Attorney Requirements
There are a number of important requirements that must be met before someone can bring a Florida Power of Attorney into effect. These are as follows.
First of all, when creating a Durable document it must contain specific phrasing about how the powers cannot be revoked by incapacity unless the situation falls under Chapter 709 of Florida Statutes. The POA document also must be fully and correctly completed with all the necessary details such as:
The name and address of both the Principal and Agent
The date that the document will become effective
The powers and responsibility that are being granted to the Agent
Additionally, the Principal must be mentally competent enough to enter into such an agreement. If they are not fully conscious of what they are signing then it will invalidate the POA.
Furthermore, the document must be signed in front of 2 witnesses and a registered notary public. This is again to ensure that the Principal is fully aware and in agreement with the powers that are to be granted.
Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Florida. They should also be someone that the Principal has full confidence in.
Power of Attorney FAQs
There are a lot of important details that you should be clear about before starting your Power of Attorney form. If you’re still unsure about some of the information required or the things you’ll need to take into consideration, read through our FAQs for the answers you need.
What Are Some Uses of a Power of Attorney?
A Florida Power of Attorney can be useful in many situations. First and foremost, it allows you to plan for circumstances where you are unable to adequately manage your own affairs. This may be a situation where you’d like to delegate your decision-making capacity in either healthcare or financial affairs to a trusted professional or friend.
How to Revoke a Power of Attorney in Florida?
A Principal can revoke a Florida POA at any time. All they need to do is write to the Agent and any institutions where the Power of Attorney instructions are stored and to inform them the document has been revoked and is no longer valid.
However, if the Principal has become incapacitated the process can be a little more complicated. If the appointing individual no longer has the capacity to withdraw the POA on their own, it will be necessary to take the matter to court so conservatorship can be appointed.
Who Should Be Your Florida POA Agent?
When choosing the right Agent for your Florida POA, it is essential to pick a person (or people) that you trust implicitly. By granting Power of Attorney to someone you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know will take the actions that serve these interests best.
Where Can I Get a Power of Attorney in Florida?
It’s easy to find and complete a Florida Power of Attorney form online. These can either be downloaded and printed as a blank PDF template or completed prior to printing using web tools.
Alternatively, it is possible to source these documents from a licensed attorney, who can also help with their completion. However, this will of course come with additional costs. Vehicle POAs can also be acquired from Florida DMVs.