Florida Power Of Attorney Form Template – Forbes Advisor

A power of attorney is a legal document where one person, referred to as the principal, gives another person, known as the “attorney-in-fact,” authority to make decisions for them. The attorney-in-fact doesn’t need to be an actual attorney, but it should be someone the principal trusts to make sound choices on their behalf.

Powers of attorney can be “durable,” which means they are still in effect if the principal becomes incapacitated or unable to make decisions. Durable powers of attorney typically end with the principal’s death. A general power of attorney that is not durable is no longer effective if the principal becomes incapacitated.

In most states, a power of attorney must be notarized to be effective.

Anyone who wishes to allow another person to make certain financial, healthcare or other decisions on their behalf should strongly consider a power of attorney. They can be an especially useful estate planning tool to protect your wealth if you can no longer manage your finances.

There are a few requirements needed to draft a Florida power of attorney. If you have any doubts, be sure to consult with an experienced estate planning attorney. The requirements typically are that:

• The principal can make decisions for themselves
• There is an actual written document
• The document includes:
  • The name of the attorney-in-fact
  • The duties the principal gives the agent
  • The principal’s signature, with two witnesses, properly notarized
  • The date

Store the original safely and regularly recheck your power of attorney as circumstances change. Consider also sending signed copies of the power of attorney documents to your attorney-in-fact, financial institution and important family members.

Principals can choose from several types of powers of attorney depending on their needs with regard to duration and scope.

Powers of Attorney Based on Capacity

Principals can select the correct type of power of attorney for them depending on whether they want it to take effect immediately, wait until they become incapacitated, and if they want it to end upon their incapacitation or death.

• General or Non-Durable Power of Attorney. A general power of attorney gives the attorney-in-fact permission to act for the principal on a broad range of personal affairs and financial transactions. It automatically ends when the principal either becomes incapacitated or dies.
• Durable Power of Attorney. A durable power of attorney remains in effect if the principal becomes incapacitated. It must contain the words “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes” or similar words
• Springing Power of Attorney. Unlike general and durable powers of attorney, a springing power of attorney becomes effective only if the principal becomes disabled or incapacitated. It’s also referred to as a “standby power of attorney.” This type of power of attorney is not valid in Florida.

Limited Powers of Attorney Based on Scope

Limited powers of attorney, as the name suggests, give attorneys-in-fact responsibility over specific topic(s) the principal designates but do not include sweeping rights to make decisions. Common examples include:

• Financial Power of Attorney. With a financial power of attorney, a principal enables an attorney-in-fact to make financial decisions for them, including choices around investments, banking, real estate, loans, insurance and bill-paying.
• Medical Power of Attorney or Durable Power of Attorney for Healthcare. A healthcare power of attorney, which is called a Designation of Health Care Surrogate in Florida, allows another person to make healthcare decisions for the principal, according to their wishes and professional medical advice, when the principal cannot do so for themselves. You may wish to nominate an alternate in case your primary one is unavailable in an emergency.

Short answer: Any adult can serve as an attorney-in-fact. Also called an agent, this person should be someone you trust to make critical decisions, such as an adult child, close friend or family member. If the principal has the capacity, they choose their own agent. If they are incapacitated, the court may appoint one on their behalf.

Principals may also select alternate attorneys-in-fact in the event the primary is unavailable. However, they should not choose co-agents, which can lead to disagreements that cause delays in decision-making.

Signing requirements for a power of attorney differ across states. When you consider the broad powers a POA can grant, the strict requirements make sense.

In Florida, a POA must be signed by at least two witnesses and acknowledged and signed by a notary.

You don’t need a lawyer to create a power of attorney in Florida. However, you should seek the help of a trusted attorney to finalize your document to ensure it’s legally sound.