The Florida Power of Attorney Act is governed by the 2015 Florida Statutes, Title XL – Real And Personal Property , Chapter 709. Effective Oct. 1 , 2011, you may no longer have a “springing” power of attorney which means as soon as the power of attorney document is signed the “agent” immediately has the powers and does not need to wait for a future date for the “power of attorney” to get effective.
Most common types of power of attorney forms in Florida are
Limited – A Limited Power of Attorney is usually used when the “principal” wants to only provide powers to the “agent” until the specified act has been completed. This may include appointing an “agent” to sell a property, sign documents for transferring the Title of a motor vehicle, boat etc.
General– A General power of attorney grants the “agent” broad powers over financial, real estate or any other specified actions. The specific list of actions for which you want to grant the “agent” the authority must be mentioned in the legal document clearly.
Durable – A Durable power of attorney clearly means that you wish to let the agent have powers even if you are incapacitated or not able to make decisions on your own for any reason. A valid certificate from your attending physician is required stating that you are incapable of making any decisions and in such case you “agent” may make those decisions for you.
When preparing a Durable Power of Attorney the document must contain the following words
This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes
or any similar words that show your (principal) intend to let your “agent” to continue having the authority over the given powers.You must have two (2) adults to sign as witnesses to the principal signing the document and also a Notary Public must acknowledge the principals signature for the Power of Attorney to be executed and valid under the State Law.
Title XLIV, Chapter 765, Part I, Section 765.101-765.113 of 2015 Florida Statutes has guidelines related to issuing advanced directives to appoint a health care surrogate to take health care decision on your behalf in case you are declared incapacitated to do so. This Florida Durable Power of Attorney for Health Care Form (Living Will) has…
Tile XII, section 709.08 of Florida Statute governs the law for the General Durable Power of Attorney Form in Florida. You as signing principal offer broad and sweeping powers to your attorney in fact to make decisions on your behalf for financial, health care, insurance, and motor vehicle affairs. Please choose a trustworthy attorney in fact, as you grant…
Yes, a Florida Power of Attorney form can be used to authorize the agent to make gifts of the principal’s assets. However, the document must specifically grant the agent the authority to engage in gifting on behalf of the principal, and there are limitations on the amount and type of gifts that can be made.
Yes, a Florida Power of Attorney form can be used to authorize the agent to make decisions regarding the principal’s digital assets, such as email accounts and social media profiles. However, the document must specifically grant the agent the authority to engage in digital asset management on behalf of the principal.
Yes, a Florida Power of Attorney form can be used to authorize the agent to make decisions regarding the principal’s business. However, the document must specifically grant the agent the authority to engage in business management on behalf of the principal, and there may be additional legal requirements that apply to business-related transactions.
