A Florida durable power of attorney is executed for the purposes of appointing an agent (also known as an attorney-in-fact) to handle a principal’s finances. This type of power of attorney form can be created any time during the principal’s life and does not terminate (unless specifically authorized by them) until their death.

The “durable” component means that even if the principal becomes incapacitated and unable to make decisions for themselves, their agent can still act on their behalf as per the durable financial power of attorney’s instructions. All attorneys-in-fact must operate with the principal’s best interests in mind; even so, the principal would be wise to select an agent they can trust wholeheartedly.

Agent’s Duties – § 709.2114

Laws – Title XL, Chapter 709, Part II (Powers of Attorney)

Signing Requirements (§ 709.2105(2)) – Notary Public and Two (2) Witnesses

Statutory Form – Not mentioned in state statutes.

State Definition

Statute – § 709.2102(4)

“Durable” means, with respect to a power of attorney, not terminated by the principal’s incapacity.