The Florida Power of Attorney is the gateway to supplying another person with the legal authority to act in your place for tasks involving financial matters, medical decisions, and parental actions. The type of powers that can be delivered all depend on the classification of the document selected. Each variation of the POA document will generally require the grantor to write or type in the names of each party, make a selection of powers (either by initialing a broad sweeping power or providing a description of a limited authority), and sign as stipulated by law.
Laws
Statutes – Chapter 709: Powers of Attorney and Similar Instruments
Definition – § 709.2102(9)
Signing Requirements – Acknowledgment of Two (2) Witnesses and Notary Public (§ 709.2105(2))
By Type (11)
- Advance Directive
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Living Will
- Medical Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – This is a joint form that gives users the opportunity to state their end-of-life priorities and also nominate a health care surrogate to handle certain medical affairs in the event of their incapacitation.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses (§ 765.202, § 765.302)
Durable (Financial) Power of Attorney – Grants personal financial powers to a third (3rd) party and persists past the point of incapacity.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses & Notary Public (§ 709.2105(2))
General (Financial) Power of Attorney – Conveys broad financial authorities and no longer functions once the principal loses their capacity to mentally operate.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses & Notary Public (§ 709.2105(2))
Limited (Special) Power of Attorney – Unlike the aforementioned POAs, this document can be customized to convey a very specific power that restricts the agent’s range of authority.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses & Notary Public (§ 709.2105(2))
Living Will – Is the declaration of someone’s preferences pertaining to medical treatment that is carried out when an individual is incapacitated and in critical condition.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses (§ 765.302)
Medical Power of Attorney – Authorizes a health care surrogate to make medical choices for a principal who is incapable of speaking for themselves.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses (§ 765.202)
Minor Child Power of Attorney – Grants an extended family member the authority to act as the parent when necessary, e.g., to authorize medical & dental treatments, gain access to vital documents, enroll the minor in school, etc.
Download: PDF
Signing Requirements: Each parent must sign their own waiver in the presence of a notary public (§ 751.02(1)(a)).
Motor Vehicle Power of Attorney – Residents of Florida who wish to delegate certain tasks related to vehicle transactions may utilize this form to transfer personal powers to another person.
Download: PDF
Signing Requirements: Only requires the principal’s signature.
Real Estate Power of Attorney – A POA form that specifically caters to the conveyance of powers related to real property.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses & Notary Public (§ 709.2105(2))
Revocation of Power of Attorney – Issued to render an existing POA document null and void.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses & Notary Public Recommended
Tax Power of Attorney – Supplies an individual’s tax representative with the authority to carry out relevant affairs in their name.
Download: PDF
Signing Requirements: Necessitates the signatures of the taxpayer(s) and their representative(s).