A power of attorney is a relatively common document in Florida. It allows you to select a trustworthy person to make decisions or perform specific tasks such as signing documents, depositing checks, and buying, and selling property. The powers conveyed through a Florida power of attorney are diverse and will thus vary from one situation to the other. The document is standard for financial transactions, estate planning, and medical care. Power of attorney forms from Florida is subject to state laws – Part II of Chapter 709 of the Florida Statutes. Therefore, an attorney is not required when preparing a Florida power of attorney (POA), even though it is advisable. This article will discuss the different types of power of attorney forms, applicable laws, and the document’s requirements within the state of Florida.
A power of attorney form from Florida is a legal form that appoints an agent. It grants them the legal authority to perform specific tasks on behalf of the principal.
For example, a POA can be used to appoint a tax professional, accountant, lawyer, or any other party that can be tasked with legal obligations specified in the document. This form is used as an insurance document when the principal wants to ensure personal responsibilities will be taken care of in their absence or when they are incapacitated. Power of attorney forms from Florida can be durable or non-durable. Durable means that its validity extends even after the principal’s incapacitation, and non-durable means that its validity is nullified by the principal’s incapacitation.
Free Forms
Whether you need a general power of attorney, a durable power of attorney, or a specialized form for healthcare decisions, these templates cater to various needs. They typically include provisions for naming an agent, defining the scope of authority, and outlining specific powers granted. With the templates readily available in PDF or Word formats, individuals can easily customize and personalize them to suit their unique circumstances. By utilizing these templates, individuals can ensure that their power of attorney documents comply with Florida’s legal requirements while saving time and effort in the process.
Types of POA in Florida
There are different types of POA forms available for use within Florida. A principal can use one of the different Florida power of attorney forms depending on the purpose or what they wish to accomplish. Each type serves a unique purpose and designates specific unique powers to the agent.
These types of POA forms include:
Durable (Statutory) Power of Attorney
A durable (statutory) POA is one whose validity extends even after the principal becomes incapacitated and unable to make appropriate decisions due to their condition. These types of power of attorney forms from Florida are used when principals want to plan for the unexpected such as a coma, life-threatening illness, or accident. To be legally enforceable, it has to be signed in front of two witnesses and a notary public. Such a POA cannot be terminated while the principal is in incapacity.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
Individuals who want to appoint someone to take charge of financial and business matters in Florida are expected to use a financial power of attorney form. Some of the functions conveyed through a financial POA include making bank deposits/withdrawals, filing taxes, paying bills, and making specified financial decisions. The signing requirements of this type of POA are; two witnesses and notary public - (§ 709.2105(2). However, unlike a durable (statutory) POA, this POA becomes invalid once the principal becomes incapacitated.
Download: Microsoft Word (.docx)
Limited Power of Attorney
A limited power of attorney has the term “limited” in that it limits certain aspects of the power of attorney forms from Florida. Some of the aspects which can be limited through this type of POA are the legal powers of the agent, the duration of validity, limitation to specific transactions or types of transactions. This type of POA is also known as an extraordinary power of attorney. Additionally, under (§ 709.2105(2)), two witnesses must sign the form and notarize it.
Download: Microsoft Word (.docx)
Medical Power of Attorney
Individuals who want to designate their legal authority to make personal medical decisions to another party can do so using a medical power of attorney, a Florida Designation of Health care Surrogate. Its execution is governed by the statute - Chapter 765 (Health Care Advance Directives). With a medical POA, the principal is assured that someone will make appropriate medical decisions on their behalf should they be in a state where they cannot communicate the same. This document ought to be signed by the principal and two witnesses.
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
Parents use a document known as a minor (child) power of attorney when they intend to assign a third party to look after their child or children temporarily. This document covers matters relating to food, shelter, education, finances, and in some cases, healthcare. A minor POA is obtained as a guardianship petition through the County Probate Court in Florida. As a result, the document only becomes enforceable once the judge has signed and supplied the court stamp. This type of power of attorney from Florida must comply with Section 744.3021 (Guardians of Minors). The Florida minor power of attorney does not have to be notarized but must be signed by the principal.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
Principals use a real estate of attorney to appoint agents to handle matters regarding real estate on their behalf. This may include buying, selling, and managing real estate. Agents selected through a Florida power of attorney can be attorneys, relatives, real estate agents, or agencies. Two witnesses and a notary public based on the signing requirements stipulated under (FSA § 709.2105; FSA § 689.111). In addition, the form must be written and executed under Chapter 709 — Powers of Attorney and Similar Instruments.
Download: Microsoft Word (.docx)
Revocation of a Power of Attorney
Florida allows principals to revoke existing Florida POAs through revocation of a power of attorney. The document terminates all the legal powers assigned to the agent. To be fully effective, it must be signed similarly to the original POA and issued to all parties associated with the original POA. The preparation and execution of revocation of power of attorney are governed by § 709.2110.
Download: Microsoft Word (.docx)
Tax Power of Attorney (DR-835)
Principals can appoint an individual to handle all matters related to tax or the Department of Revenue, Florida, through a Florida tax POA, alternatively referred to as Form DR-835. The agents selected using this type of document are tax professionals or accountants. A tax power of attorney form ought to be signed by the principal (taxpayer) and their representative (agent). However, this type of POA does not have to be witnessed or notarized in Florida. In addition, the powers bestowed through a tax power of attorney can be limited to a specific duration.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney (HSMV 82053)
Residents in Florida can appoint third parties to handle matters regarding vehicles. Some of the powers conveyed to the agent through the vehicle power of attorney, or HSMV 82053, are the transfer of vehicle title, applying for the vehicle’s certificate of title (original and duplicate), registration at the Department of Highway Safety and Motor vehicles of Florida, recording a lien on the vehicle and signing documents related to the vehicle. For the POA to be valid, it must be signed by the vehicle owner.
Download: Microsoft Word (.docx)
Springing power of attorney Florida
Springing power of attorney from Florida is used to designate power when a person who would typically be capable enough to make their own decisions becomes incapacitated. This type of power the law gives becomes effective under specified or pre-determined conditions such as incapacitation or any other. However, Florida removed the principal’s leeway to create “springing powers” on October 1, 2011. However, any springing power of attorney form from Florida executed before this date is considered to be legally enforceable.
Governing Laws
The Florida Power of attorney act (ss. 709.2101-709.2402) governs the creation and execution of a Florida power of attorney form. However, the Florida Health Care Advance Directives (Chapter 765) governs a medical power of attorney.
Other laws are applicable in particular situations, such as minor guardianship and tax POAs. Additionally, Florida does not issue an authorized or statutory POA form, thus making it more challenging to acquire a POA in Florida than in most states.
Requirements for POA in Florida
Each state will typically have its specific requirements for the preparation and execution of a POA. However, some of these requirements are common among different states to standardize the execution of POAs. Below is a discussion of the requirements a Florida power of attorney must satisfy to qualify as legally enforceable.
Content requirements
The state requires that the content of the power of attorney forms from Florida be provided in clear language. The powers or legal authority is granted to the agent must thus be explicitly stated and not implied. This avoids confusion or misinterpretation of responsibilities. Also, suppose the principal wants a power of attorney to be durable. In that case, the phrase
“This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in Chapter 709, Florida Statutes”
must be provided. The document must also indicate the names of the principal and agent, effective date, list of powers and responsibilities bestowed upon the agent.
Agent requirements
The state of Florida has provided guidelines or criteria for selecting an agent of a power of attorney. First and foremost, the agent must be a trustworthy party as there isn’t an agency that oversees the functions of an agent; it is the principal’s responsibility to oversee the execution of the POA. As a result, most agents are close family members, friends, or professionals. The agent should be at least eighteen (18) years of age if it is an individual. The agent can also be a financial organization with “trust powers,” a physical address in Florida, and legal authority to operate within the state. Note that a principal can appoint more than one agent if necessary.
Execution requirements
The state requires that all power of attorney forms from Florida be compliant with Florida laws – Chapter 709 of the Florida Statutes. Additionally, all signatories must sign the form, including the principal, agent, or attorney-in-fact, two witnesses, and the notary public. The notary public can sign on behalf of the principal if they are physically unable to sign the document.
How to Get Power of Attorney in Florida?
There isn’t a specified method of acquiring power of attorney forms from Florida. However, to ensure the form is legally enforceable and effective, there is a simple procedure principal to follow. This begins with obtaining or creating a power of attorney through a template or lawyer. This is followed by completing or filling out the document with the appropriate details, such as principal and agent details and functions designated to the agent.
The form should then be signed in the presence of two witnesses and notarized. The principal should then make copies of a power of attorney form from Florida and store the original copy safely. Finally, each agent should receive a copy of the POA. Copies of the Florida power of attorney form can then be given to associated financial institutions or filed with relevant authorities.
Conclusion
Power of attorney forms from Florida are an effective way for individuals to create peace of mind by ensuring there is someone to oversee certain functions even if they cannot carry out the functions themselves. The responsibilities and legal authority principals assign to agents include real estate transactions, stocks, bonds and other securities transactions, tax obligations, finance management, etc. Therefore, the principal must be of sound mind when creating a Florida power of attorney.
It is worthy to note that Florida recognizes valid out-of-state POAs. Therefore, non-residents of Florida can exercise the rights of a power of attorney as long as its execution is legally valid in another state. Also, third parties are expected to honor a power of attorney. However, if they choose to reject it, they must provide a written explanation. Principals should note that they still hold the right to revoke the power of attorney forms from Florida if the agent is deemed unfit or incompetent to carry the responsibilities assigned to them through the POA. Other reasons that may invalidate a power of attorney include the demise of the principal or agent, incapacitation for non-durable POAs, the purpose of the document is accomplished, and invalidation by the court.
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