Florida Durable (Statutory) Power of Attorney Form

An agent can only exercise authority that is specifically granted in a power of attorney. Such authorization may include, without limitation, authority to:^[3]

• Execute stock powers or similar documents on behalf of the principal and delegate to a transfer agent or similar person the authority to register any stocks, bonds, or other securities into or out of the principal’s or nominee’s name.
• Convey or mortgage homestead property.
• If such authority is specifically granted in a durable power of attorney, make all health care decisions on behalf of the principal, including, but not limited to, those set forth in chapter 765.

An agent may exercise the following authority only if the principal signed or initialed next to each specific enumeration of the authority:^[4]

• Create an inter vivos trust;
• With respect to a trust created by or on behalf of the principal, amend, modify, revoke, or terminate the trust, but only if the trust instrument explicitly provides for amendment, modification, revocation, or termination by the settlor’s agent;
• Make a gift, subject to subsection (4);^[5]
• Create or change rights of survivorship;
• Create or change a beneficiary designation;
• Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; or
• Disclaim property and powers of appointment.

“Durable” means, with respect to a power of attorney, not terminated by the principal’s incapacity.^[6]

“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.^[7]

A principal may revoke a power of attorney by expressing the revocation in a subsequently executed power of attorney or other writing signed by the principal.^[8]

A power of attorney terminates when:^[9]

• The principal dies;
• The principal becomes incapacitated, if the power of attorney is not durable;
• The principal is adjudicated totally or partially incapacitated by a court, unless the court determines that certain authority granted by the power of attorney is to be exercisable by the agent;
• The principal revokes the power of attorney;
• The power of attorney provides that it terminates;
• The purpose of the power of attorney is accomplished; or
• The agent’s authority terminates and the power of attorney does not provide for another agent to act under the power of attorney.

An agent’s authority terminates when:

• The agent dies, becomes incapacitated, resigns, or is removed by a court;
• An action is filed for the dissolution or annulment of the agent’s marriage to the principal or for their legal separation, unless the power of attorney otherwise provides; or
• The power of attorney terminates.