Florida Durable Power of Attorney Form

Secure your future with a Durable Florida Power of Attorney form template. Download the PDF or Word document for free and gain peace of mind for you and your loved ones.

Last updated May 28th, 2024

Secure your future with a Durable Florida Power of Attorney form template. Download the PDF or Word document for free and gain peace of mind for you and your loved ones.

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A Florida power of attorney (POA) is a form that gives an individual the right to appoint another person to make decisions and handle affairs on their behalf. Once signed, the agent can legally manage financial, medical, guardianship, and tax-related matters for the principal.

Understanding the Florida Power of Attorney

Medical Power of Attorney Forms – PDF

State of Florida: Definition of a Power of Attorney

“(1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney in fact, or otherwise. The term includes an original agent, co-agent, and successor agent.
(2) “Another state” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(3) “Broker-dealer” means a broker-dealer registered with the United States Securities and Exchange Commission or the Commodity Futures Trading Commission if the broker-dealer is acting in that capacity.
(4) “Durable” means, with respect to a power of attorney, not terminated by the principal’s incapacity.
(5) “Electronic” means technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(6) ”Financial institution” has the same meaning as in s. 655.005.
(7) “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.
(8) “Knowledge” means a person has actual knowledge of the fact, has received a notice or notification of the fact, or has reason to know the fact from all other facts and circumstances known to the person at the time in question. An organization that conducts activities through employees has notice or knowledge of a fact involving a power of attorney only from the time information was received by an employee having responsibility to act on matters involving the power of attorney, or would have had if brought to the employee’s attention if the organization had exercised reasonable diligence. An organization exercises reasonable diligence if the organization maintains reasonable routines for communicating significant information to the employee having responsibility to act on matters involving the power of attorney and there is reasonable compliance with the routines. Reasonable diligence does not require an employee to communicate information unless the communication is part of the individual’s regular duties or the individual knows that a matter involving the power of attorney would be materially affected by the information.
(9) “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.
(10) “Presently exercisable general power of appointment” means, with respect to property or a property interest subject to a power of appointment, power exercisable at the time in question to vest absolute ownership in the principal individually, the principal’s estate, the principal’s creditors, or the creditors of the principal’s estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will.
(11) “Principal” means an individual who grants authority to an agent in a power of attorney.
(12) “Property” means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest or right therein.
(13) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(14) “Sign” means having present intent to authenticate or adopt a record to:
(a) Execute by signature or mark; or
(b) Attach to, or logically associate with the record an electronic sound, symbol, or process.
(15) “Third person” means any person other than the principal, or the agent in the agent’s capacity as agent.”

Source: § 709.2102(9)

 

Power of Attorney Flow Chart

POA-Flow-Chart

Why use a Power of Attorney POA? 

  • Plan for the future by using a reliable Power of Attorney form template. You can download the PDF or Word document for free to provide peace of mind for yourself and your loved ones.
  • This form covers decisions made on your behalf, estate planning, real estate, the agent or attorney in fact, types of powers of attorney (including durable, limited, and springing), family members, care power of attorney, bank accounts, health care power, and more.
  • Use this form to grant power to act on your behalf in financial and real estate matters. It’s essential for ensuring that your wishes are carried out in the future.

Florida Power of Attorney Template Sample

Fl Durable Power Of Attorney

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