What Is a Durable Power of Attorney in Florida?
A Durable Power of Attorney (“DPOA”) is one of the most important — and most misunderstood — estate-planning documents. In Florida, it allows you (the principal) to authorize another person (your agent) to manage your financial and legal affairs if you become unable to do so yourself.
The word “durable” means the authority continues even if you later become incapacitated. Without a properly drafted DPOA, your family may be forced to seek a court-appointed guardian just to pay bills, manage accounts, or handle routine financial matters.
A Critical Florida Rule
Under Florida law, durable powers of attorney are effective immediately when signed, not only upon incapacity. Florida does not recognize “springing” powers of attorney that activate later. That makes careful drafting — and careful agent selection — essential.
Who Can Create a Durable Power of Attorney?
Any Florida resident who:
Is 18 years or older, and
Has the mental capacity to understand the document and the authority being granted
may create a Durable Power of Attorney.
Capacity means the ability to generally understand:
What a power of attorney is
Who the agent is
What powers are being granted
If capacity is lacking at the time of signing, the document may be invalid — even if it appears properly executed.
What Powers Can a Durable Power of Attorney Grant?
A Florida Durable Power of Attorney can grant broad authority, including the power to:
Manage bank and investment accounts
Buy, sell, or manage real estate
Sign contracts and legal documents
Handle business interests
Apply for government benefits
Manage retirement accounts and annuities
Make long-term care and placement decisions
Certain powers — such as gifting, changing beneficiary designations, or creating trusts — must be expressly and specifically authorized in the document.
Just as important: you can limit or customize these powers. A well-drafted DPOA should fit your circumstances, not use a one-size-fits-all template.
Statutory Limits on an Agent’s Authority
Even a broad Durable Power of Attorney has legal boundaries. Under Florida law, an agent cannot:
Vote in public elections for you
Make or revoke your will
Perform personal services that only you can perform
Exercise powers you hold as a trustee or court-appointed fiduciary
Act after your death
Agents are also fiduciaries. They must act:
In your best interest
In good faith
Without self-dealing or misappropriation
Abuse of authority can result in civil liability and criminal penalties.
Why a Durable Power of Attorney Matters
1. Avoids Guardianship
Without a DPOA, even a spouse may need court approval to manage finances after incapacity. Guardianship proceedings are expensive, time-consuming, and public.
2. Provides Peace of Mind
You choose who acts for you — and how much authority they have — before a crisis occurs.
3. Flexible and Affordable
A Durable Power of Attorney is far less expensive than court intervention and can be updated or revoked as circumstances change.
4. Accountability Can Be Built In
The document can require:
Record-keeping
Periodic accountings
Limitations on gifts or transfers
Good drafting turns trust into enforceable responsibility.
Common Concerns About Durable Powers of Attorney
No Automatic Court Oversight
Unlike guardianship, there is no routine court supervision. This makes agent selection and document safeguards critical.
Ends at Death
A power of attorney automatically terminates upon death. At that point, your will or trust controls asset distribution.
Acceptance by Financial Institutions
Some banks require:
Review of the document
Their own internal forms
A recently executed DPOA
Proper drafting and execution reduce these problems — but cannot eliminate them entirely.
Choosing the Right Agent
Your agent should be:
Trustworthy
Financially responsible
Organized
Willing to follow instructions, not improvise
Family members are common choices, but proximity and reliability often matter more than blood relation. Even well-intentioned people can create problems without guidance.
A Durable Power of Attorney is only as safe as:
Who you appoint, and
How well the document is written
Frequently Asked Questions
Can a Durable Power of Attorney be used after death?
No. Authority ends immediately upon death. Your personal representative then takes over.
Can I appoint more than one agent?
Yes. You can name co-agents and specify whether they must act jointly or independently.
How long does a Durable Power of Attorney last?
Until you revoke it, you die, or a stated termination date occurs.
Can I revoke it?
Yes — as long as you have capacity, you may revoke a DPOA at any time in writing.
Final Thought
A Durable Power of Attorney is not just a form — it is a control document. When drafted correctly, it protects you, your family, and your finances during the moments when protection matters most.
If you have questions about whether your existing power of attorney still works under Florida law — or whether it works the way you think it does — it’s worth having it reviewed before it’s needed.