A power of attorney authorizes an agent to act for the principal in the matters described in the document. A durable power of attorney contains language showing that the authority continues despite the principal’s later incapacity, subject to Florida law.

A Florida power of attorney generally must be signed by the principal, witnessed by two people, and acknowledged before a notary public. The agent may exercise only the authority granted by the document and the authority reasonably necessary to carry it out. Certain sensitive powers require specific treatment, so a generic form may not accomplish the principal’s goals.

The document can address banking, investments, taxes, contracts, business interests, litigation, and real estate transactions. The choice of agent is critical because the agent assumes fiduciary duties and may receive broad access to the principal’s property and finances.

A power of attorney is not a substitute for a will, trust, living will, or health care surrogate designation, and it terminates at the principal’s death. These documents should be coordinated as part of a complete estate and incapacity plan.

Related services: Trusts, Last Will, Living Will, and Lady Bird Deed.

Contact GAF Real Estate Law to prepare or update a Florida durable power of attorney tailored to your circumstances.