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Chapter 709 — Powers of Attorney

Florida Statute 709.2104

“Durable power of attorney”

What it means

Section 709.2104 says when a power of attorney is durable. It is durable if it contains the words “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes,” or similar words showing the principal’s intent that the authority conferred is exercisable notwithstanding the principal’s subsequent incapacity. The rule opens with “Except as otherwise provided under this part,” so other sections of the same part of chapter 709 can limit it.

Durability matters because of s. 709.2109(1)(b): a power of attorney that is not durable terminates when the principal becomes incapacitated. A durable power of attorney continues, although s. 709.2109(1)(c) provides that it terminates if a court adjudicates the principal totally or partially incapacitated, unless the court determines that certain authority is to remain exercisable by the agent.

— What it says
  • A power of attorney is durable if it contains the statutory sentence or similar words showing the principal's intent (§ 709.2104).
  • The words must show that the authority is exercisable notwithstanding the principal's subsequent incapacity (§ 709.2104).
  • A power of attorney that is not durable terminates when the principal becomes incapacitated (§ 709.2109(1)(b)).
  • A court adjudication of incapacity terminates a power of attorney unless the court decides certain authority stays exercisable (§ 709.2109(1)(c)).
  • Every power of attorney, durable or not, terminates when the principal dies (§ 709.2109(1)(a)).

Text of the statute (2026)

§ 709.2104
Except as otherwise provided under this part, a power of attorney is durable if it contains the words: “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes,” or similar words that show the principal’s intent that the authority conferred is exercisable notwithstanding the principal’s subsequent incapacity.
§ 709.2109(1)(a)
(a) The principal dies;
§ 709.2109(1)(b)
(b) The principal becomes incapacitated, if the power of attorney is not durable;
§ 709.2109(1)(c)
(c) The principal is adjudicated totally or partially incapacitated by a court, unless the court determines that certain authority granted by the power of attorney is to be exercisable by the agent;

Excerpts are the subsections the summary relies on. Read the full official text of § 709.2104.

History. s. 6, ch. 2011-210.

— In a Florida probate

How it applies

Durability depends on the wording of the document. A document that includes the statutory sentence qualifies, and a document with different wording qualifies if its words show that the agent's authority continues after the principal becomes incapacitated. A document with no such words ends under s. 709.2109(1)(b) once the principal is incapacitated.

Durability does not extend past death. Under s. 709.2109(1)(a), a power of attorney terminates when the principal dies, so an agent has no authority under it after that point.

Questions people ask

Does a power of attorney end if the principal becomes incapacitated in Florida?
It ends if it is not durable. Under Florida Statute 709.2109(1)(b), a non-durable power of attorney terminates on the principal's incapacity. Under s. 709.2104, a power of attorney is durable if it contains the statutory words or similar words showing that the authority continues despite later incapacity.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 709.2104

Published by the Probate.Help editorial team.How these pages are written and checked.

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