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Chapter 709 — Powers of Attorney

Florida Statute 709.2201

“Authority of agent”

What it means

Section 709.2201 limits an agent to the authority specifically granted in the power of attorney, plus authority reasonably necessary to give effect to that grant. General provisions that do not identify the specific authority, such as language giving the agent authority to do all acts the principal can do, are not express grants and grant no authority. Court approval is not required for an action in furtherance of an express grant.

The authority may include, among other things, conveying or mortgaging homestead (a married principal's spouse, or the spouse's guardian, must join), and, if specifically granted in a durable power of attorney, making health care decisions. An agent may not perform personal-services contracts of the principal, make an affidavit as to the principal's personal knowledge, vote in a public election for the principal, execute or revoke a will or codicil, or exercise powers granted to the principal as trustee or court-appointed fiduciary.

If subjects overlap, the broadest authority controls, subject to s. 709.2202. Authority reaches property owned at execution and acquired later, in or outside Florida, and an agent's acts bind the principal as if the principal had acted.

— What it says
  • An agent may exercise only authority specifically granted, plus authority reasonably necessary to give it effect (§ 709.2201(1)).
  • Language giving authority to do all acts the principal can do is not a specific grant and grants no authority (§ 709.2201(1)).
  • A married principal's homestead cannot be conveyed or mortgaged without joinder of the spouse or the spouse's guardian (§ 709.2201(2)(b)).
  • Health care decisions are included only if specifically granted in a durable power of attorney (§ 709.2201(2)(c)).
  • An agent may not execute or revoke a will or codicil, vote in a public election, or exercise powers held as trustee or court-appointed fiduciary (§ 709.2201(3)).
  • Where subjects overlap, the broadest authority controls, subject to s. 709.2202 (§ 709.2201(4)).

Text of the statute (2026)

§ 709.2201(1)
(1) Except as provided in this section or other applicable law, an agent may only exercise authority specifically granted to the agent in the power of attorney and any authority reasonably necessary to give effect to that express grant of specific authority. General provisions in a power of attorney which do not identify the specific authority granted, such as provisions purporting to give the agent authority to do all acts that the principal can do, are not express grants of specific authority and do not grant any authority to the agent. Court approval is not required for any action of the agent in furtherance of an express grant of specific authority.
§ 709.2201(2)(b)-(c)
(b) Convey or mortgage homestead property. However, if the principal is married, the agent may not mortgage or convey homestead property without joinder of the principal’s spouse or the spouse’s guardian. Joinder by a spouse may be accomplished by the exercise of authority in a power of attorney executed by the joining spouse, and either spouse may appoint the other as his or her agent. (c) If such authority is specifically granted in a durable power of attorney, make all health care decisions on behalf of the principal, including, but not limited to, those set forth in chapter 765.
§ 709.2201(3)
(3) Notwithstanding the provisions of this section, an agent may not: (a) Perform duties under a contract that requires the exercise of personal services of the principal; (b) Make any affidavit as to the personal knowledge of the principal; (c) Vote in any public election on behalf of the principal; (d) Execute or revoke any will or codicil for the principal; or (e) Exercise powers and authority granted to the principal as trustee or as court-appointed fiduciary.
§ 709.2201(4)-(6)
(4) Subject to s. 709.2202, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls. (5) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed and to property that the principal acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state. (6) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal’s successors in interest as if the principal had performed the act.

Excerpts are the subsections the summary relies on. Read the full official text of § 709.2201.

History. s. 24, ch. 2011-210; s. 2, ch. 2024-242.

— In a Florida probate

How it applies

The scope of an agent's authority is read from the document's specific grants. A power of attorney that only states general powers gives the agent no authority under subsection (1), and the statute's list of confirmed examples in subsection (2) is illustrative (“without limitation”), not a grant by itself.

Subsection (3) sets limits that no grant can override: an agent cannot execute or revoke a will or codicil or vote for the principal, and powers the principal holds as a trustee or court-appointed fiduciary are outside the agent's authority. Section 709.2202 adds a second layer for certain high-risk acts.

Questions people ask

Can an agent under a power of attorney change my will in Florida?
No. Florida Statute 709.2201(3)(d) says an agent may not execute or revoke any will or codicil for the principal. Subsection (3) also bars an agent from voting for the principal in a public election and from exercising powers the principal holds as trustee or court-appointed fiduciary.

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 § 709.2201

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

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