Updated February 20, 2023
A Florida general power of attorney (GPOA) allows an agent to handle the financial matters of someone else (principal) but becomes invalid if the principal should become incapacitated. The agent selected should be a trusted individual and will be able to act for the principal while they are alive and able to think competently (becomes void upon incapacitation).
If the principal would like the agent to continue acting on their behalf while incapacitated, a durable power of attorney is required to be completed.
Laws
- Statutes – Chapter 709 — Powers of Attorney and Similar Instruments
- Authority (F.S.A. § 709.2201) – An agent under a power of attorney may act on behalf of the principal and exercise authority as determined by the agreement.
- Signing Requirements (F.S.A. § 709.2105) – Two (2) Witnesses and Notary Public.
How to Write
Download: Adobe PDF, MS Word, OpenDocument
Declaration Of Florida Principal
(1) Date of Florida Declaration. In order to grant a Florida Attorney-in-Fact the authority to represent the Principal behind this document, a definitive statement must be made. Supply the date of this document to the beginning of this statement.
(2) Identity Of Florida Principal. The complete name of the Principal issuing this paperwork must be presented. This Party (the Florida Principal) shall approve the Florida Attorney-in-Fact’s ability to carry out decisions and actions on his or her behalf.
(3) Florida Principal Address.
(4) Name Of Florida Attorney-in-Fact. The identity of the Party who shall receive and use the principal powers in this document on behalf of the Florida Principal is required in this statement so that the role of Attorney-in-Fact can be attached to this individual. Present the full name of the Florida Attorney-in-Fact to the statement where it is requested.
(5) Address Of Florida Attorney-in-Fact.
Effective Date
(6) Start Date. The calendar date marking the first day becomes effective the Attorney-in-Fact is set as of the signature date of this document and will immediately terminate upon revocation or immediately become void upon the Florida Principal’s incapacitation or death. This statement should be acknowledged with the initials of the Florida Principal issuing this document. It should be noted that the day when the Attorney-in-Fact can access some or all of the powers being granted can be set independently.
Powers Of Attorney-In-Fact
Initial Any Combination Of Items 7 Through 18
(7) Banking. The ability to represent the Florida Principal can only be granted by that Principal and must be defined before the execution of this paperwork. The list provided allows the Florida Principal to approve specific powers of authority to Attorney-in-Fact within the State of Florida but only if such power is approved by the Principal. Thus, the Florida Principal will need to initial the “Banking” grant of power to inform Reviewers that he or she authorizes the Florida Attorney-in-Fact to perform functions such as obtaining banking services/products, open and manage accounts, close accounts, receive/deposit funds, and any other bank functions. If the Florida Principal does not wish to grant this type of power, then this paragraph should remain unmarked.
(8) Safe Deposit Box. The Florida Principal can grant his or her Attorney-in-Fact the right to access safe deposit boxes he or she has set up as well as control the contents. If the authority should be given to the Attorney-in-Fact, then the Florida Principal must initial the second power definition.
(9) Lending Or Borrowing. The Florida Principal can use the third statement to designate the Attorney-in-Fact with the principal authority needed to lend and borrow in his or her name. This shall include any actions possible such as hanging mortgages, promissory notes, securities, and any other action where debt is concerned. To grant such powers the Florida Principal must initial the “Lending Or Borrowing” directive.
(10) Government Benefits. By initialing the fourth statement, the Florida Principal can display his or her approval of the Attorney-in-Fact’s ability to handle government benefits in his or her name. Once initialed the Florida Attorney-in-Fact will be able to perform principal functions such as applying and receiving social security and/or Medicare.
(11) Retirement Plan. If the Florida Principal expects his or her Attorney-in-Fact to manage his or her retirement plans (i.e., using Principal resources to affect a contribution to the Florida Principal’s IRA), then the fifth powers statement must be initialed by the Florida Principal.
(12) Taxes. If the Attorney-in-Fact must be approved to work with the Principal’s taxes, then he or she must provide initials of approval to the sixth item of this list. It should be mentioned that if the Florida Attorney-in-Fact must represent the Principal to the IRS and other Tax Entities, then additional paperwork will need to be submitted to these Entities.
(13) Insurance. The Florida Principal should initial the seventh statement if he or she wishes to designate the Attorney-in-Fact the authority to represent him or her with insurance policies. Such an appointment allows the Attorney-in-Fact to pay, open, close, and perform other actions with insurance accounts and policies on behalf of the Florida Principal.
(14) Real Estate. The Florida Principal’s authority over his or her real property holdings along with the abilities such as to acquire, sell, repair, and engage credit arrangements with real property (and for real property) can be approved for the Attorney-in-Fact’s scope of principal authority. To grant this authority the Florida Principal must supply his or her initials of approval to the “Real Estate” directive.
(15) Personal Property. If the Florida Principal wishes to appoint the Attorney-in-Fact the authority to buy, exchange, lease, sell, and even grant options for his or her personal property (i.e., stocks, titles, etc.) in his or her name, then he or she (the Florida Principal) must approve the seventh statement by initialing it.
(16) Power To Manage Property. The ability and authority to take management actions over the Florida Principal’s property must be approved directly by this Principal for it to be appointed to the Attorney-in-Fact. Thus, if the power to manage a property on behalf of the Principal is to be granted, he or she must initial the eighth statement.
(17) Gifts. Charitable pledges, debt forgiveness, waiving entitlements, as well as other gifting actions, can be carried out by the Florida Attorney-in-Fact on behalf of the Principal so long as the Principal gives the Florida Attorney-in-Fact the authority to do so by initialing the ninth power statement.
(18) Legal Advice And Proceedings. The final topic of principal power enables the Florida Attorney-in-Fact to take legal action (if necessary) to enforce this instrument of power. This means that if the final issue is initialed by the Florida Principal the Attorney-in-Fact will be able to use principal resources and authority to obtain, pay for, and dismiss services for this purpose.
(19) Special Instructions. This appointment must remain under the control of the Principal at all times, thus, if he or she wishes to impose any restrictions on the authority granted, set any dates of effect or termination, and/or include any provisions to the authority being placed at the Attorney-in-Fact’s disposal, then all such directives should be made in the “Special Instructions” section. More room can be generated by inserting additional lines or if preferred a signed and dated attachment with this information can be made.
Florida Principal Signature Execution
(20) Date Of Florida Principal’s Execution. The Florida Principal must document the calendar date that he or she is signing this form. This act should only be done when this form is completed and adequately reviewed to the Florida Principal’s satisfaction.
(21) Principal’s Signature. The Florida Principal must sign his or her name before two Witnesses and a licensed Notary Public.
(22) Witness Signature And Address. Two Witnesses must declare that the Florida Principal is an adult and has signed this document without duress and with a full comprehension of his or her actions. For this task, both Witnesses must attend to this document by reading the declaration made after the Principal’s signature then providing their signatures and mailing addresses.
(23) Notary Public. Only a licensed Notary Public who has attended the Principal’s signing can complete this signing process by subjecting it to the notarization process.
Specimen Signature And Acceptance Of Appointment
(24) Florida Attorney-in-Fact Name. The final signing is expected from the Florida Attorney-in-Fact. Before this action is taken, the declaration made in his or her statement of acceptance requires a presentation of the Florida Attorney-in-Fact’s complete name.
(25) Florida Attorney-in-Fact Signature. The Florida Attorney-in-Fact must sign his or her name under the observance of a licensed Notary.
Notarization Of Florida Principal’s Signature
(26) Signature Notarization. The Notary Public watching the Attorney-in-Fact’s act of signing will testify to its authenticity by notarizing the Attorney-in-Fact’s signature.
