Laws
- Durable – A power of attorney is durable if it contains 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 that show the principal’s intention is that the power of attorney will remain effective beyond their incapacity.[1]
- Incapacity – Means the inability of an individual to take those actions necessary to obtain, administer, and dispose of real and personal property, intangible property, business property, benefits, and income.[2]
- Signing Requirements – Two Witnesses and Notary Public.[3]
Sample