What is a Florida Power of Attorney?
The person giving control is known as the "principal," while the person or organization receiving powers is known as the "agent" or "attorney-in-fact." Suitable for residents of Florida, our Power of Attorney can be used in Palm Beach County, Miami-Dade County, Broward County, and in all other parts of the state. All Florida Power of Attorney forms from Rocket Lawyer can be edited to address your specific situation. This essential document will provide verification to financial institutions and other parties that your selected agent is legally allowed to sign documents or take other actions for you.
When to use a Florida Power of Attorney:
- You wish to give someone broad authorization to act for you if you are absent or incapable.
- You wish to give someone power to handle certain financial or legal issues in your absence or if you become ill.
- You wish to authorize someone to act on your behalf if case you become legally incompetent or incapacitated.
GENERAL POWER OF ATTORNEY
I, , residing at , , , hereby appoint Each Agent may act independently, without the consent of the other Agent.
or if we become legally separated or divorced, If either Agent is unable to serve for any reason, the other Agent shall serve alone. I hereby revoke any and all general powers of attorney that previously have been signed by me.
My Agent shall have full power and authority to act on my behalf. This power and authority shall authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal rights and powers, including all rights and powers that I may acquire in the future. By initialing, grants my Agent the power to act with respect to the subjects below:
|________||-||Create, amend, revoke, or terminate an inter vivos trust|
I hereby grant to my Agent the full right, power, and authority to do every act, deed, and thing necessary or advisable to be done regarding the above powers, as fully as I could do if personally present and acting.
Any power or authority granted to my Agent under this document shall be limited, to the extent necessary, to prevent this Power of Attorney from causing, (i) my income to be taxable to my Agent, (ii) my assets to be subject to a general power of appointment by my Agent, or (iii) my Agent to have any incidents of ownership with respect to any life insurance policies that I may own on the life of my Agent.
My Agent shall not be liable for any loss that results from a judgment error that was made in good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this Power of Attorney. A Successor Agent shall not be liable for acts of a prior Agent.
My Agent shall provide an accounting for all funds handled and all acts performed as my Agent as required under state law or upon my request or the request of any authorized personal representative, fiduciary or court of record acting on my behalf.
This Power of Attorney is granted in, and shall be governed by, the laws of the state of Florida; however, I intend that this Power of Attorney be universally recognized and that it be universally admissible to recordation. In the event that I become a resident of another jurisdiction, or obtain property, including real property or any other property interest, in another jurisdiction, it remains my intention that the laws of Florida shall continue to govern this Power of Attorney.
This Power of Attorney shall become effective This Power of Attorney shall continue to be effective until
Dated ____________________, ______, at , .
The foregoing power of attorney was, on the date written above, published and declared by in our presence to be his/her power of attorney. We, in his/her presence and at his/her request, and in the presence of each other, have attested to the same and have signed our names as attesting witnesses.
STATE OF ,
COUNTY OF , ss:
The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, ______ by , who is personally known to me or who has produced ________________________________ as identification.
Signature of person taking acknowledgment
Name typed, printed, or stamped
My commission expires _____________
Notice to Person Executing Power of Attorney:
A Power of Attorney is an important legal document. By signing the Power of Attorney, you are authorizing another person to act for you, the principal. Before you sign this Power of Attorney, you should know these important facts:
Your Agent (attorney-in-fact) has no duty to act unless you and your Agent agree otherwise in writing. However, once your agent takes on a responsibility, he or she has a duty to act prudently.
This document gives your Agent the powers to manage, dispose of, sell and convey your real and personal property, and to use your property as security if your Agent borrows money on your behalf, unless you provide otherwise in this Power of Attorney.
Your Agent will have the right to receive reasonable payment for services provided under this Power of Attorney unless you provide otherwise in this Power of Attorney.
The powers you give your Agent will continue to exist for your entire lifetime, unless you state that the Power of Attorney will last for a shorter period of time or unless you otherwise terminate the Power of Attorney. The powers you give your Agent in this Power of Attorney will continue to exist even if you can no longer make your own decisions respecting the management of your property, unless you provide otherwise in this Power of Attorney.
You can change or correct the terms of this Power of Attorney only by executing a new Power of Attorney, or by executing an amendment through the same formalities as an original. You have the right to revoke or terminate this Power of Attorney at any time, so long as you are competent.
This Power of Attorney must be dated and signed by you and must be acknowledged before a notary public and signed by two subscribing witnesses. The witnesses must be mentally competent and they must witness the principal's signing of the Power of Attorney. Best practices are that the Notary Public is not one of the two subscribing witnesses and that none of the witnesses are an Agent under this Power of Attorney.
You should read this Power of Attorney carefully. When effective, this Power of Attorney will give your Agent the right to deal with property that you now have or might acquire in the future. The Power of Attorney is important to you. If you do not understand the Power of Attorney, or any provision of it, then you should obtain the assistance of an attorney or other qualified person.
Notice to Person Accepting the Appointment as Attorney-in-Fact:
By acting or agreeing to act as the Agent (Attorney-in-Fact) under this Power of Attorney, you assume the fiduciary and other legal responsibilities of an Agent. These responsibilities include:
|1.||The legal duty to act solely in the interest of the principal; act loyally, with care, competence, and diligence; and avoid conflicts of interest.|
|2.||The legal duty to identify yourself as Agent whenever you act on behalf of the principal by printing the name of the principal and signing your name followed by the words "as Agent."|
|3.||The legal duty to keep a record of all transactions made on behalf of the principal, including the responsibility to produce receipts, ledgers and other records of all deposits, disbursements or other transactions involving the principal's assets or indebtedness.|
|4.||The legal duty to cooperate with the principal's Agent for healthcare decisions, should the principal appoint such an Agent, in making decisions in accordance with the principal's desires or in the best interest of the principal if the principal's wishes are not known.|
|5.||The legal duty to preserve the principal's estate plan, if one exists, and the principal's desires for such plan to be preserved.|
|6.||The legal duty to keep the principal's property separate and distinct from any other property owned or controlled by you.|
|7.||The legal duty to terminate actions as Agent (Attorney-in-Fact) under this Power of Attorney upon the occurrence of any of the following:|
|a.||The principal's death;|
|b.||Revocation of the Power of Attorney of the principal;|
|c.||The arrival of any date stated in the Power of Attorney, which states the termination of the Power of Attorney, if any; or|
|d.||No additional action is required under the Power of Attorney.|
|8.||If you are the spouse of the principal, the Power of Attorney terminates upon legal separation or dissolution of the marriage.|
|9.||You may be held responsible and liable for any intentional actions which violate or abuse your authority under this Power of Attorney as provided by the state and federal laws governing this Power of Attorney.|
|10.||You have the right to seek legal advice if you do not understand your duties as Agent or any provisions in the Power of Attorney.|
You may not transfer the principal's property to yourself without full and adequate consideration or accept a gift of the principal's property unless this Power of Attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal's property. If you transfer the principal's property to yourself without specific authorization in the Power of Attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse. In addition to criminal prosecution, you may be sued in civil court.
I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the Agent (Attorney-in-Fact) under the terms of this Power of Attorney.
Florida Power of Attorney FAQs
How can I get a Florida Power of Attorney template online?
It's fast and simple to grant or obtain the support you may need with a free Florida Power of Attorney template from Rocket Lawyer:
- Make your document - Provide a few simple details and we will do the rest
- Send or share it - Go over the PoA with your agent(s) or seek legal advice
- Sign it - Optional or not, witnesses and notarization are encouraged
This solution is often going to be notably less time-consuming than hiring your average law firm. If necessary, you may start a PoA on behalf of a family member, and then have them sign it when ready. Please remember that for a PoA form to be accepted as legally valid, the principal must be a mentally competent adult when they sign. In the event that the principal has already been declared legally incompetent, a conservatorship could be necessary. When dealing with such a situation, it is best to speak to a lawyer .
Why should I have a Florida PoA?
Every person over 18 years old ought to have a Power of Attorney. Even though it is tough to think about, there may come a day when you can no longer deal with your day-to-day affairs by yourself. There may also be times when you're simply not available. Typical situations where a PoA would be helpful include:
- You are aging or dealing with ongoing health issues or limited mobility
- You are planning to live or travel overseas temporarily or permanently
- You would like to give someone general permission to take legal actions or make decisions on your behalf if you are legally incapacitated or not present
- You are planning to move out of your home and into a community care facility
Regardless of whether this Florida Power of Attorney has been drafted as part of a long-term plan or created as a result of an unexpected issue, witnesses and/or notarization can often help to protect your agent if someone questions their power and authority.
Which type of Power of Attorney do I need in Florida?
There are a few different ways to classify Power of Attorney documents. They are mainly dependent on how long the powers are in effect, when they come into effect, and what they grant authority over. Frequently, you will find them described in these four groups:
- Special Power of Attorney - Grants limited authority over specific matters
- General Power of Attorney - Grants broad powers over your affairs
- Springing Power of Attorney - Is activated based on certain criteria
- Durable Power of Attorney - Remains in effect even when you become incapacitated or mentally incompetent
When making your free Florida Power of Attorney with Rocket Lawyer, you can decide to have the authority begin upon signing, on a desired date, or only at the time when you are no longer capable. The Power of Attorney can end either on a specific date or when you pass away.
Do I need to hire an attorney for my Florida PoA?
Florida Power of Attorney forms are typically simple, but you could still need advice. Depending on whom you reach out to, some attorneys will not even agree to review documents that they didn't draft. A more favorable approach worth consideration is to request help from the Rocket Lawyer attorney network. If you sign up for a Premium membership, you can ask for feedback from an attorney with relevant experience or send additional legal questions about your Power of Attorney. We are here to support you.
How much does a Power of Attorney cost in Florida?
The fees associated with working with an attorney to create a Power of Attorney can total anywhere between $200 and $500, based on your location. Rocket Lawyer is not your average Power of Attorney template website. With us, anyone under a Rocket Lawyer membership can take advantage of up to 40% in savings when hiring an attorney from our network.
What should I do after making a Florida Power of Attorney?
With a membership, you can edit it, download it, and print it. In order to finish up your Power of Attorney, it needs to be signed. Make sure that your agent(s) and financial institutions receive a copy of the fully executed document.
Does a Power of Attorney need to be notarized, witnessed, and/or recorded in Florida?
The rules for PoA forms are different in each state; however, in Florida, your document must be signed by a notary public and two witnesses. If your agent(s) will have the authority to manage real estate transactions, the Power of Attorney must be signed before a notary and recorded with your county. As a basic principle, witnesses must be 18 years old or older, and none should simultaneously be your Power of Attorney agent.
See Florida Power of Attorney law: Chapter 709, Part II