What it means
A power of attorney normally ends the moment the principal can no longer make decisions — which is exactly when families need it most. Section 709.2104 fixes that. If the document contains language showing the principal meant the agent's authority to continue notwithstanding the principal's later incapacity, the power is 'durable' and survives. The statute suggests specific wording, but any words showing that intent will do. Durability is what lets a spouse or child pay bills, manage property, and handle care after the principal can no longer act — without going to court for a guardianship.
- A durable power of attorney is not terminated by the principal's subsequent incapacity.
- Durability requires words showing that intent; §709.2104 supplies suggested language, but equivalent wording qualifies.
- A POA that lacks durability language ends when the principal becomes incapacitated — the opposite of what most people want.
- Durable powers are the core alternative to a guardianship over an adult's finances.
How it plays out
Almost every estate plan we prepare includes a durable power of attorney, because it is the difference between a family managing a parent's affairs quietly and a family filing for guardianship in court. We check the durability language first — a POA drafted without it, or copied from a non-Florida form, can evaporate at the exact moment of incapacity. And we remind agents that the authority still ends at death: once the principal dies, the personal representative takes over, and the agent's job is done.