The Florida Durable Power of Attorney represents a way in which an individual, or principal, can have someone act for them with regard to their finances and other areas of life. The durable type of POA stays in effect even if the principal ends up in a situation where he or she cannot think or act or communicate. It is important that the principal picks someone they trust as this person will handle the assets of the principal and will have access to the principal’s financial matters.
Laws – § 709.2104
Signing (§ 709.2105(2)) – Required to be signed in the presence of a notary public and two (2) witnesses.
Medical Power of Attorney (Designation of Health Care Surrogate) – A POA which elects a representative to take care of the Principal’s medical affairs and decisions when necessary.
How to Write
1 – Open Or Save The Power Of Attorney Form
You may collect this form as a PDF, Word, or ODT File depending upon the software you wish to use. If you do not have any compatible programs, most up-to-date browsers will allow for onscreen entry of PDF forms. Otherwise, you may print this form and fill it out when you are ready.
2 – Record The County
Enter the Name of the County where this form is being executed on the blank line after the words “County of.”
3 – Clearly Identify The Parties Involved
The Principal’s Name must be presented in the first blank space in the introductory statement.
The next space, after the word “of,” must have the County where the Principal resides displayed.
Next, enter the Full Name of the Agent accepting the responsibility and power of the Principal’s Authority in the approved subject matters.
4 – Granting Power In Matters Under The Principal’s Authority
This form will provide the wording to deliver Principal Authority to the Agent in nearly all matters. The Principal may choose to refrain from granting Authority in a subject matter or restrict the actions in that matter the Agent may take by crossing out a statement then initialing the margin.
If the Principal does not wish to grant Collection Powers, he or she should cross out and initial Item 1.
The Principal may restrict the Agent from assuming Principal Authority regarding Payment Powers by striking out and initialing Item 2
Should the Principal wish to deny the Agent any Authority regarding his or her Safe Deposit Boxes, then he or she must draw a horizontal line through the unwanted statements in Item 3 and initial the margin.
The Principal may wish to restrict the Agent’s Principal Authority from Banking Powers by crossing out and initialing Item 4.
If the Principal strikes out Item 5 and initials the margin, he or she will prevent the Agent from having access to the Principal’s Management Powers
The Agent may be restricted or limited form assuming Principal Authority in the Principal’s Tax Matters once the Principal crosses out the statement(s) in Item 6 and placing his or her initials in the margins.
Some Principals may have Trust Powers that should not be granted to the Agent by virtue of Principal Authority. To deny an Agent of the Principal’s Trust Powers, the Principal must strike out the words in Item 7 then initial this alteration in the margins.
If the Principal has Business Interests or foresees having them and wishes to restrict any such matters from being subject to the Agent’s Principal Authority, then he or she must cross out the powers and/or actions in item 8 and initial the margin.
The Agent may be limited or restricted from wielding Principal Authority in the Principal’s Personal Interests or Affairs by making sure the Principal crosses out the powers to be limited in Item 9 then provides his or her initials in the margins
The Principal will withhold Health Care Powers from the Agent by crossing out Item 10 and initialing the margins
Any General Powers listed in Item 11 that should be denied to the Agent should be crossed out by the Principal then initialed.
5 – Proving Principal Authorization
The Principal must Sign his or her Name then Date the act of Signing on the blank lines labeled “Signature” and “Date.”
The Principal’s Printed Name must be entered directly below the Principal’s Signature
Two Witnesses must Sign this document then, enter the Date the Signing occurs. Note: This Date of Signature should match that of the Principal’s.
This signing should be notarized. The Notary Public viewing the Principal and Witness Signing will be the only entity who may satisfy the last portion of this form.
