eForms Logo

Florida Durable (Statutory) Power of Attorney Form

A Florida durable power of attorney form allows an individual ("principal") to appoint someone to manage their finances and other important matters on their behalf. This durable type of POA stays in effect even if the principal ends up in a situation where they are incapacitated.
PDF Word ODT

Updated June 17, 2024

4.8 Stars | 971 Ratings
Downloads: 10,543

Signing Requirements

Required to be signed in the presence of a notary public and two witnesses (§ 709.2105(2)).

Laws

Definition of “Durable”

“Durable” means, with respect to a power of attorney, not terminated by the principal’s incapacity (709.2102(4)).

Definition of “Power of Attorney”

“Power of attorney” means a writing that grants authority to an agent to act in the place of the principal, whether or not the term is used in that writing (709.2102(9)).

Statutory Form

There is no statutory form. However, Florida recognizes a durable power of attorney if it includes the phrase, “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes.” (§ 709.2104).