Adults who want a named agent with written authority over property and finances

Durable Power of Attorney

How a Florida durable power of attorney is signed, what authority an agent has, and when it ends, with each rule cited to ch. 709, part II, Florida Statutes.

A power of attorney is a writing that grants an agent authority to act in the place of the principal (§ 709.2102(9), Fla. Stat. (2026)). The principal is the individual who grants the authority, and the agent is the person who receives it (§ 709.2102(1), (11)). The Florida Power of Attorney Act is part II of chapter 709 (§ 709.2101). The agent must be a natural person 18 or older, or a financial institution that has trust powers, a place of business in Florida and authority to conduct trust business in Florida (§ 709.2105(1)).

What "durable" means. 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 showing the principal's intent that the authority continues despite later incapacity (§ 709.2104). "Durable" means not terminated by the principal's incapacity (§ 709.2102(4)). A power of attorney that is not durable terminates when the principal becomes incapacitated (§ 709.2109(1)(b)). Every power of attorney terminates when the principal dies (§ 709.2109(1)(a)). "Incapacity" means the inability to take the actions necessary to obtain, administer and dispose of real and personal property, intangible property, business property, benefits and income (§ 709.2102(7)).

Signing. The principal and two subscribing witnesses sign the power of attorney, and the principal acknowledges it before a notary public or as § 695.03 otherwise provides (§ 709.2105(2)). If the principal is physically unable to sign, the notary before whom the principal acknowledges may sign the principal's name as § 117.05(14) provides (§ 709.2105(3)). A power of attorney executed on or after October 1, 2011 is valid if it complies with § 709.2105 (§ 709.2106(1)). One executed before that date is valid if it complied with Florida law when signed (§ 709.2106(2)). A power of attorney signed in another state that does not meet these requirements is valid in Florida if it complied with the law of the state where it was signed (§ 709.2106(3)).

When it takes effect. A power of attorney is exercisable when executed (§ 709.2108(1)). A power of attorney that says it becomes effective at a future date or on a future event or contingency is ineffective (§ 709.2108(3)). The exceptions are certain pre-October 1, 2011 powers conditioned on lack of capacity (§ 709.2108(2)) and a military deployment-contingent power of attorney (§ 709.2106(4)).

Authority. An agent may exercise only the authority specifically granted in the power of attorney and the authority reasonably necessary to carry it out (§ 709.2201(1)). General language such as authority to do all acts the principal can do is not an express grant and grants no authority (§ 709.2201(1)). A power of attorney that includes the statutory statement "authority to conduct banking transactions as provided in section 709.2208(1), Florida Statutes" grants the banking powers listed in § 709.2208(1), and a similar statement for investment transactions grants the powers listed in § 709.2208(2). Certain powers need the principal's signature or initials next to each one (§ 709.2202(1)). An agent is a fiduciary who must act within the scope of the authority granted, in good faith, and loyally for the sole benefit of the principal unless the document provides otherwise (§ 709.2114(1)(a), (2)(a)).

The fit

Who qualifies

An individual who grants authority to an agent. The Act defines the principal as an individual (§ 709.2102(11), Fla. Stat. (2026)). The Act does not apply to a power created by a person other than an individual (§ 709.2103(4)).
A principal who names a qualified agent. The agent is a natural person 18 or older, or a Florida financial institution with trust powers (§ 709.2105(1)). The principal may name co-agents, who each act independently unless the document provides otherwise, and successor agents who act when an agent resigns, dies, becomes incapacitated, is not qualified or declines (§ 709.2111(1)-(2)).
A principal who signed a power of attorney before October 1, 2011. It is valid if its execution complied with Florida law when signed (§ 709.2106(2)). A pre-2011 power that is conditioned on the principal's lack of capacity and was not yet exercisable on that date becomes exercisable on delivery of a physician's affidavit (§ 709.2108(2)).
A principal who signed a power of attorney in another state. It is valid in Florida if it and its execution complied with the law of the state of execution (§ 709.2106(3)). A third person may request an opinion of counsel at the principal's expense and may reject the power of attorney if the agent does not provide it (§ 709.2106(3)).
A married principal who owns homestead. An agent has only the authority the power of attorney specifically grants (§ 709.2201(1)). That authority may include conveying or mortgaging homestead, but if the principal is married the agent may not mortgage or convey homestead without joinder of the principal's spouse or the spouse's guardian (§ 709.2201(2)(b)).
A principal in military service. A military power of attorney is valid if executed under 10 U.S.C. § 1044b, and a deployment-contingent power of attorney may be signed in advance and takes effect on deployment (§ 709.2106(4)).

The work

What the documents cover

Durable statement using the words in § 709.2104 or similar words showing the power survives incapacity
Agent, co-agents and successor agents named (§ 709.2105(1), § 709.2111(1)-(2))
Specific grants of authority, because general language grants none (§ 709.2201(1))
Banking and investment statements that incorporate § 709.2208(1) and § 709.2208(2)
Principal's initials next to each authority that § 709.2202(1) lists: create a trust, amend or revoke a trust, make gifts, change survivorship rights, change beneficiary designations, waive joint and survivor annuity rights, disclaim property
Signature of the principal and two subscribing witnesses, acknowledged before a notary (§ 709.2105(2))
Statement of any health care authority, which an agent has only if specifically granted (§ 709.2201(2)(c))

The process

How it works, step by step

01
Choose the agent and successors
The agent is a natural person 18 or older or a Florida financial institution with trust powers (§ 709.2105(1)). Co-agents act independently unless the document says otherwise, and a successor agent has the same authority as the original agent and may not act until the earlier agents have resigned, died, become incapacitated, are no longer qualified or have declined (§ 709.2111(1)-(2)). If the agent's authority ends and no other agent is named, the power of attorney terminates (§ 709.2109(1)(g)).
02
Grant specific authority
An agent has only the authority the document specifically grants (§ 709.2201(1)). The principal initials next to each authority listed in § 709.2202(1), including creating a trust, making gifts and changing beneficiary designations. Unless the document provides otherwise, a general gift grant is limited to the federal annual gift tax exclusion per donee, or twice that amount with a split gift (§ 709.2202(4)).
03
State that the power is durable
The document contains the words in § 709.2104 or similar words showing the authority continues despite later incapacity. It is exercisable when executed, and a provision delaying it to a future event makes it ineffective (§ 709.2108(1), (3)).
04
Sign before two witnesses and a notary
The principal and two subscribing witnesses sign, and the principal acknowledges the power of attorney before a notary public or as § 695.03 provides (§ 709.2105(2)). A power of attorney signed by a Florida-domiciled principal and witnessed remotely by a witness who is not in the principal's physical presence does not grant any authority listed in § 709.2202(1) (§ 709.2202(6)).
05
Deliver the document to third persons
A photocopy or electronically transmitted copy has the same effect as the original unless the document provides otherwise, though an original may be required to record against title to real property (§ 709.2106(5)). An original may be recorded with the clerk of the circuit court (§ 709.2106(6)). A third person may ask the agent for an affidavit about the principal's status (§ 709.2119(2)).

The pitfalls

Common problems

Easy on people, tough on problems. These are the issues to plan for.

No durable language. A power of attorney that is not durable terminates when the principal becomes incapacitated (§ 709.2109(1)(b), Fla. Stat. (2026)). A power is durable if it contains the words in § 709.2104 or similar words (§ 709.2104).
A springing power. A power of attorney that becomes effective on a future date or event is ineffective, apart from the exceptions in § 709.2108(2) and § 709.2106(4) (§ 709.2108(3), Fla. Stat. (2026)).
General language in place of specific grants. A provision giving the agent authority to do all acts the principal can do grants no authority (§ 709.2201(1), Fla. Stat. (2026)).
Missing initials on the listed powers. An agent may create a trust, amend or revoke a trust, make gifts, create or change survivorship rights or beneficiary designations, waive joint and survivor annuity rights, or disclaim property only if the principal signed or initialed next to that authority (§ 709.2202(1), Fla. Stat. (2026)). An agent amends or revokes a trust only if the trust instrument explicitly allows it (§ 709.2202(1)(b)).
Remote witnessing. A power of attorney witnessed remotely by a witness not in the principal's physical presence does not grant the § 709.2202(1) authority when the principal is domiciled in Florida (§ 709.2202(6), Fla. Stat. (2026)). A power that authorizes any transaction listed in § 709.2208 and is witnessed by audio-video technology with fewer than two witnesses physically present has added screening questions and a vulnerable-adult notice (§ 117.285(5)).
No successor agent. The power of attorney terminates when the agent dies, becomes incapacitated, resigns or is removed and the document names no other agent (§ 709.2109(1)(g), (2)(a), Fla. Stat. (2026)).
A spouse as agent. The agent's authority terminates when an action is filed for dissolution or annulment of the agent's marriage to the principal, or for legal separation, unless the power of attorney provides otherwise (§ 709.2109(2)(b), Fla. Stat. (2026)).
A guardianship petition. When any person initiates judicial proceedings to determine the principal's incapacity or for the appointment of a guardian advocate, the agent's authority is suspended until the petition is dismissed or withdrawn or the court authorizes the agent to act, except that for an agent who is the principal's parent, spouse, child or grandchild the authority is suspended only if a verified motion under § 744.3203 is also filed (§ 709.2109(3), Fla. Stat. (2026)).

The FAQ

Frequently asked questions

What is a durable power of attorney in Florida?+−

It is a writing that grants an agent authority to act for the principal and states that the authority continues despite the principal's later incapacity (§ 709.2102(9), § 709.2104, Fla. Stat. (2026)). A power of attorney that is not durable terminates when the principal becomes incapacitated (§ 709.2109(1)(b)). Either kind terminates when the principal dies (§ 709.2109(1)(a)).

How many witnesses and does a notary have to be involved?+−

Two subscribing witnesses and an acknowledgment. The principal and two subscribing witnesses sign, and the principal acknowledges the power of attorney before a notary public or as § 695.03 otherwise provides (§ 709.2105(2), Fla. Stat. (2026)). A power of attorney signed with a remote witness who is not in the principal's physical presence grants no authority under § 709.2202(1) when the principal is domiciled in Florida (§ 709.2202(6)).

Does a spouse have automatic authority over the other spouse's property?+−

Authority under a power of attorney comes from the document: an agent has only the authority specifically granted (§ 709.2201(1), Fla. Stat. (2026)). A spouse who is not named as agent holds no authority under it. For homestead, a married principal's agent may convey or mortgage only with joinder of the spouse or the spouse's guardian, and either spouse may appoint the other as agent for that joinder (§ 709.2201(2)(b)). For medical decisions, chapter 765 places the spouse second in the proxy order when there is no advance directive (§ 765.401(1)(b)).

What duties does an agent owe the principal?+−

An agent is a fiduciary (§ 709.2114(1), Fla. Stat. (2026)). The agent must act within the authority granted, in good faith, and not contrary to the principal's best interest or the principal's reasonable expectations the agent actually knows. The agent must keep a record of all receipts, disbursements and transactions, and, if the power of attorney authorizes access to the principal's safe-deposit box, create and maintain an accurate inventory each time the agent accesses it (§ 709.2114(1)(a), (c), (d)). Unless the document provides otherwise, the agent must act loyally for the sole benefit of the principal, avoid conflicts of interest, and use the care, competence and diligence ordinarily exercised by agents in similar circumstances (§ 709.2114(2)). The agent must disclose records to the principal, a guardian, another fiduciary, a government agency with authority to protect the principal, or on the principal's death the personal representative, within 60 days of a request (§ 709.2114(6)).

Can an agent be paid?+−

An agent is entitled to reimbursement of expenses reasonably incurred for the principal unless the document provides otherwise (§ 709.2112(1), Fla. Stat. (2026)). Only a qualified agent may be paid, and the payment must be reasonable under the circumstances (§ 709.2112(2)-(3)). A qualified agent is the principal's spouse, an heir under § 732.103, a Florida financial institution with trust powers, a Florida-licensed attorney or CPA, or a Florida resident who has never been agent for more than three principals at the same time (§ 709.2112(4)).

Can the agent make gifts, change beneficiaries or fund a trust?+−

Only if the principal signed or initialed next to that specific authority (§ 709.2202(1), Fla. Stat. (2026)). The list covers creating a trust, amending or revoking a trust, making gifts, creating or changing survivorship rights or beneficiary designations, waiving joint and survivor annuity rights, and disclaiming property. The exercise must also be consistent with the agent's duties under § 709.2114. An agent who is not an ancestor, spouse or descendant of the principal may not create an interest in the principal's property for the agent or for someone the agent supports, unless the document provides otherwise (§ 709.2202(3)). A general gift grant allows gifts up to the federal annual gift tax exclusion per donee, or twice that amount if the principal's spouse consents to a split gift (§ 709.2202(4)).

What happens if a bank refuses to accept the power of attorney?+−

A third person must accept or reject a power of attorney within a reasonable time, and four days, excluding Saturdays, Sundays and legal holidays, are presumed reasonable for a financial institution or broker-dealer on a banking or investment transaction the document expressly authorizes (§ 709.2120(1), Fla. Stat. (2026)). A third person may not require a different or additional form of power of attorney (§ 709.2120(2)). A rejection for most reasons must be stated in writing (§ 709.2120(3)). A third person that rejects in violation of the section faces a court order requiring acceptance and liability for damages, including reasonable attorney fees and costs (§ 709.2120(5)). The section lists situations where a third person need not accept, such as a good-faith belief that the power is invalid or an adult protective services report (§ 709.2120(4)).

Is a power of attorney from another state or from before 2011 still valid in Florida?+−

Yes, if it was valid where and when it was signed. A power of attorney executed before October 1, 2011 is valid if its execution complied with Florida law at that time (§ 709.2106(2), Fla. Stat. (2026)). A power executed in another state is valid in Florida if it and its execution complied with that state's law (§ 709.2106(3)). A third person may request an opinion of counsel at the principal's expense and may reject the power if the agent does not provide it (§ 709.2106(3)). The § 709.2202 initialing requirement does not apply to a power executed before October 1, 2011 (§ 709.2202(7)).

When does a power of attorney end?+−

A power of attorney terminates when the principal dies, becomes incapacitated if it is not durable, is adjudicated incapacitated unless the court leaves certain authority with the agent, revokes it, or when its terms or purpose end it (§ 709.2109(1), Fla. Stat. (2026)). A principal revokes by a later power of attorney or other signed writing that expresses the revocation (§ 709.2110(1)). Signing a new power of attorney does not revoke an earlier one unless the new document says so (§ 709.2110(2)). Termination or suspension does not bind an agent who acts in good faith without knowledge of it (§ 709.2109(4)). On the principal's death the power terminates (§ 709.2109(1)(a)), and the principal's personal representative or successor in interest may request the agent's records (§ 709.2114(6)).

Can the agent make health care decisions?+−

Only if a durable power of attorney specifically grants that authority (§ 709.2201(2)(c), Fla. Stat. (2026)). If the principal has signed a health care advance directive naming a surrogate, the directive controls over a conflicting power of attorney unless the power of attorney is later and expressly states otherwise (§ 709.2109(3)(b)). A health care surrogate designation under § 765.202 is a separate document.

Does a power of attorney have to be recorded?+−

Not to be valid. An original of a properly executed power of attorney may be presented to the clerk of the circuit court for recording on payment of the service charge (§ 709.2106(6), Fla. Stat. (2026)). An original relied on to affect title to real property may be required for recording in the official records (§ 709.2106(5)).

In short

A durable power of attorney is signed by the principal and two subscribing witnesses, acknowledged before a notary, and states that it survives incapacity (§ 709.2104, § 709.2105(2)). The agent has only the authority the document specifically grants (§ 709.2201(1)), and the power ends when the principal dies (§ 709.2109(1)(a)).

Last checked: October 19, 2026

Sources

Each source below was read on the date shown. Statute links open the 2026 edition on the Florida Senate site. The Florida Probate Rules edition is the one the Florida Bar posted on October 15, 2026.

§ 709.2102, Fla. Stat. (2026), Definitions. The Florida Senate.
§ 709.2103, Fla. Stat. (2026), Applicability. The Florida Senate.
§ 709.2104, Fla. Stat. (2026), Durable power of attorney. The Florida Senate. Plain-English page on this site.
§ 709.2105, Fla. Stat. (2026), Qualifications of agent; execution of power of attorney. The Florida Senate. Plain-English page on this site.
§ 709.2106, Fla. Stat. (2026), Validity of power of attorney. The Florida Senate.
§ 709.2108, Fla. Stat. (2026), When power of attorney is effective. The Florida Senate.
§ 709.2109, Fla. Stat. (2026), Termination or suspension of power of attorney or agent's authority. The Florida Senate.
§ 709.2110, Fla. Stat. (2026), Revocation of power of attorney. The Florida Senate.
§ 709.2111, Fla. Stat. (2026), Co-agents and successor agents. The Florida Senate.
§ 709.2112, Fla. Stat. (2026), Reimbursement and compensation of agent. The Florida Senate.
§ 709.2114, Fla. Stat. (2026), Agent's duties. The Florida Senate.
§ 709.2119, Fla. Stat. (2026), Acceptance of and reliance upon power of attorney. The Florida Senate.
§ 709.2120, Fla. Stat. (2026), Rejecting power of attorney. The Florida Senate. Plain-English page on this site.
§ 709.2201, Fla. Stat. (2026), Authority of agent. The Florida Senate. Plain-English page on this site.
§ 709.2202, Fla. Stat. (2026), Authority that requires separate signed enumeration. The Florida Senate. Plain-English page on this site.
§ 709.2208, Fla. Stat. (2026), Banks and other financial institutions. The Florida Senate.
§ 117.285, Fla. Stat. (2026), Supervising the witnessing of electronic records. The Florida Senate.
§ 744.3203, Fla. Stat. (2026), Suspension of power of attorney before incapacity determination. The Florida Senate.
§ 765.401, Fla. Stat. (2026), The proxy. The Florida Senate. Plain-English page on this site.

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