Florida Power of Attorney: Durable & No 'Springing' POAs

Under the Florida Power of Attorney Act (ch. 709), a POA is 'durable' (survives incapacity) only if it contains the statutory durability language (§ 709.2104). It must be signed by the principal, by two subscribing witnesses, and acknowledged before a notary (§ 709.2105). Florida no longer allows 'springing' POAs executed on or after Oct. 1, 2011 — a POA is exercisable when signed (§ 709.2108).

This is general information, not legal advice. Talk to a Florida attorney about how these rules apply to your situation.

A power of attorney (POA) lets you name an agent to handle financial and legal matters for you. Florida’s rules are set by the Florida Power of Attorney Act (chapter 709), and they differ from many other states.

”Durable” means it survives incapacity

A POA is durable — it keeps working even if you later become incapacitated — only if it contains the statutory durability language (Fla. Stat. § 709.2104). Without that language, the agent’s authority can end exactly when you may need it most.

How it must be signed

A Florida POA must be (Fla. Stat. § 709.2105):

Signed by the principal;
Signed by two subscribing witnesses; and
Acknowledged before a notary public.

No “springing” POAs

Many people expect a POA that “springs” into effect only on incapacity. Florida no longer allows springing POAs executed on or after October 1, 2011 — a power of attorney is exercisable when it is signed (Fla. Stat. § 709.2108). Choose your agent carefully, because they can act right away.

How it fits your plan

A durable POA handles finances during incapacity, while advance directives cover health care decisions. Together with a will and often a living trust, they round out a Florida plan. To get matched with a local Florida estate-planning attorney, connect with a lawyer.

Frequently asked questions

What makes a Florida power of attorney 'durable'?

A POA is durable — meaning it survives the principal's later incapacity — only if it contains the statutory durability language required by Fla. Stat. § 709.2104.

How must a Florida power of attorney be signed?

It must be signed by the principal, signed by two subscribing witnesses, and acknowledged before a notary public (Fla. Stat. § 709.2105).

Does a Florida POA take effect only if I become incapacitated?

No. Florida does not allow 'springing' POAs executed on or after October 1, 2011. A power of attorney is exercisable when it is signed (Fla. Stat. § 709.2108).

Related guides

Avoiding Probate in Florida In Florida, assets that pass outside probate include jointly held property with right of survivorship or tenancy by the entireties, beneficiary designations, payable-on-death and transfer-on-death accounts, and a funded revocable trust (ch. 736). Homestead generally passes outside the probate estate and is constitutionally protected from most creditors, though devise is restricted when there's a surviving spouse or minor child (§ 732.4015).

Florida Advance Directives: Health Care Surrogate & Living Will Under chapter 765, a Florida health care surrogate designation (§ 765.202) must be written and signed before two adult witnesses (at least one not the spouse or a blood relative; the surrogate can't be a witness). The principal may let the surrogate act immediately. A living will (§ 765.302) has the same two-witness requirement.

Florida Intestate Succession: Who Inherits Without a Will If you die without a will, Fla. Stat. § 732.102 sets the spouse's share: the spouse takes the entire estate if there are no descendants, or if all descendants are shared and the spouse has no others; the spouse takes one-half if there are non-shared descendants on either side. The rest passes to descendants, then parents, then siblings (§ 732.103). A surviving spouse may instead claim the elective share — 30% of the elective estate (§ 732.2065).

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Revocable Living Trusts in Florida Revocable living trusts in Florida are governed by the Florida Trust Code (ch. 736). A funded revocable trust lets assets pass outside probate. The testamentary provisions of a revocable trust by a Florida settlor must be executed with the same formalities as a will — including two witnesses — to be valid (Fla. Stat. § 736.0403).

Florida Power of Attorney: Durable, Witnessed & Effective Now