A power of attorney in Florida is a legal document that names someone, called an agent, to act on your behalf if you cannot manage your own affairs. To be valid, it must be signed by you, signed by two witnesses, and acknowledged before a notary public. Your agent must be at least 18 years old, or a financial institution authorized to conduct trust business in Florida.
Whether you want to plan for your own future or help an aging parent get their affairs in order, understanding Florida's power of attorney rules keeps the document from being rejected when it is needed most. This guide covers what a POA does, who can serve as an agent, how long it lasts, and how it fits alongside your other estate planning documents. FastWill can help you create a Florida power of attorney as part of a complete estate plan.
What Is a Power of Attorney in Florida
A power of attorney (POA) lets you designate someone to make decisions on your behalf if you become incapacitated or unavailable. Florida residents use a POA most often for financial and real estate matters, but a separate version exists for medical decisions. The person creating the document is the principal, and the person granted authority is the agent.
Florida's financial power of attorney is governed by the Florida Power of Attorney Act, Chapter 709 of the Florida Statutes. A separate medical version, called a designation of health care surrogate, is governed by Chapter 765 and covered in our guide to Florida living wills.
What a Power of Attorney Is Used For
A POA gives your agent the legal right to act on your behalf in specific situations, such as:
- Selling real estate or a vehicle while you are traveling or unavailable
- Managing bank accounts and paying bills
- Handling contracts or business decisions
- Making financial decisions for an aging parent who has appointed you as their agent
Who Can Be an Agent for a Florida Power of Attorney
Under Florida Statute section 709.2105, your agent must be either:
- A natural person who is at least 18 years old, or
- A financial institution that has trust powers, a place of business in Florida, and authorization to conduct trust business in the state
The same statute requires the power of attorney to be signed by you, signed by two subscribing witnesses, and acknowledged before a notary public. If you are physically unable to sign, the notary may sign your name for you under specific conditions set out in Florida law.
How Long a Florida Power of Attorney Lasts
Florida recognizes three basic types of POA, and the type you choose determines how long your agent's authority lasts:
- Durable power of attorney: The agent's authority continues even if you become incapacitated. To create a durable POA, the document must include specific language stating it is not terminated by your later incapacity. Most Florida courts treat a POA without an expiration date as durable by default.
- Non-durable power of attorney: The agent's authority ends automatically if you become incapacitated. This form is less useful for estate planning and more common in narrow situations, such as a real estate closing while someone is deployed overseas.
- Springing power of attorney: The agent has no authority until a specific triggering condition occurs, such as a doctor's determination that you are incapacitated.
For most estate planning purposes, a durable power of attorney is the version you want, since it keeps your affairs managed exactly when you are least able to manage them yourself.
Power of Attorney vs. Designation of Health Care Surrogate
A financial POA under Chapter 709 does not cover medical decisions. For healthcare, Florida uses a separate document called a designation of health care surrogate, governed by section 765.202. This document must be signed in the presence of two witnesses, and at least one witness cannot be related to you by blood or marriage. Most Florida residents benefit from having both a financial POA and a health care surrogate designation in place, since each covers a different area of your life.
Can You Make a Power of Attorney Online
Yes. FastWill lets you create a Florida power of attorney alongside your last will and testament, using state-specific requirements to generate a document built for your situation. If you are moving to Florida from another state, review our guide on updating your will, trust, and power of attorney after a move, since documents valid in your old state may need to be re-executed under Florida law.
Frequently Asked Questions
Does a Florida power of attorney need to be notarized?
Yes. Unlike a Florida will, a power of attorney must be signed by two witnesses and acknowledged before a notary public to be valid.
Can my spouse be my agent under a Florida POA?
Yes, a spouse can serve as your agent as long as they meet the basic requirement of being at least 18 years old.
What happens if I do not specify durability in my POA?
Florida courts generally treat a power of attorney without an expiration date as durable, meaning it continues even if you become incapacitated, but including explicit durability language removes any ambiguity.
Does a financial power of attorney let my agent change my will?
No. A power of attorney only covers the specific financial or healthcare authority you grant. It does not give your agent the power to alter your will or trust.
Is a power of attorney the same as a designation of health care surrogate?
No. A financial power of attorney covers money and property matters. A designation of health care surrogate is a separate document under Chapter 765 that covers medical decisions.
Set Up Your Florida Power of Attorney
A properly executed power of attorney keeps your finances and healthcare decisions in trusted hands if you cannot manage them yourself. FastWill builds a Florida-compliant power of attorney as part of your full estate plan. Explore FastWill's plans and pricing or start with your will package to see how a POA fits alongside your other documents. For the complete picture, see our Florida estate planning guide.
