Legal Florida Durable Power of Attorney Template Edit Document Online

Legal Florida Durable Power of Attorney Template

The Florida Durable Power of Attorney form is a legal document that enables individuals to designate someone else to manage their financial affairs, should they become incapacitated. This form is specifically designed to remain in effect even if the principal becomes mentally incompetent. It is an essential tool for planning and managing one's financial future securely and efficiently.

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Life's unpredictability underscores the importance of planning ahead, especially when it comes to legal and financial matters. In Florida, one critical tool in this planning is the Durable Power of Attorney form, a legal document that allows an individual to appoint someone they trust to manage their affairs if they become unable to do so. Unlike a standard Power of Attorney, its "durable" nature means it remains in effect even if the person who made it loses mental capacity. This form covers a wide range of authorities, from handling financial and real estate transactions to making decisions about personal property, investments, and even government benefits. For residents of the Sunshine State, understanding the nuances of this form is crucial. It not only provides peace of mind but ensures that, in the face of incapacity, one's affairs will be managed according to their wishes, by a person they've chosen and trust.

Document Example

Florida Durable Power of Attorney

This Durable Power of Attorney is created pursuant to the Florida Power of Attorney Act, Florida Statutes Sections 709.2101 through 709.2402.

This legal document grants the person named as the agent or attorney-in-fact the authority to act on behalf of the principal in financial matters, even if the principal becomes disabled or incapacitated.

Principal Information:

  • Full Name: __________________________________________________
  • Physical Address: ____________________________________________
  • City, State, Zip: _____________________________________________
  • Phone Number: _______________________________________________

Agent (Attorney-in-Fact) Information:

  • Full Name: __________________________________________________
  • Physical Address: ____________________________________________
  • City, State, Zip: _____________________________________________
  • Phone Number: _______________________________________________

Alternate Agent Information (Optional):

  • Full Name: __________________________________________________
  • Physical Address: ____________________________________________
  • City, State, Zip: _____________________________________________
  • Phone Number: _______________________________________________

Hereby, the Principal appoints the Agent listed above to act in the Principal's name, place, and stead in any way which the Principal himself could do, if personally present, with respect to the following matters, to the full extent allowed by the Florida Power of Attorney Act as of the date of this document:

  1. Real property transactions
  2. Tangible personal property transactions
  3. Stock and bond transactions
  4. Commodity and option transactions
  5. Banking and other financial institution transactions
  6. Business operating transactions
  7. Insurance and annuity transactions
  8. Estate, trust, and other beneficiary transactions
  9. Claims and litigation
  10. Personal and family maintenance
  11. Benefits from social security, Medicare, Medicaid, or other governmental programs, or military service
  12. Retirement plan transactions
  13. Tax matters

This Durable Power of Attorney shall not be affected by the Principal's disability, incapacity, or lapse of time.

This document is executed on this _____ day of ______________, 20____.

Principal's Signature: ______________________________

Agent's Signature: ______________________________

State of Florida

County of _______________________

On this _____ day of ______________, 20____, before me, the undersigned notary public, personally appeared _____________________________, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained.

In witness whereof I hereunto set my hand and official seal.

Notary Public Signature: ______________________________

Printed Name: ________________________________________

Commission Expires: __________________

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Form Attributes

Fact Number Detail
1 The Florida Durable Power of Attorney form allows an individual to appoint someone they trust to manage their financial affairs.
2 This form remains in effect even if the person who created it becomes incapacitated, hence the term "durable".
3 Under Florida law, specifically Chapter 709 of the Florida Statutes, this document is legally recognized.
4 To be valid, the form must be signed by the principal in the presence of two witnesses and a notary public.
5 The person appointed as the attorney-in-fact or agent must act in the principal’s best interest at all times.
6 Florida law requires specific wording for the powers granted to be effective, particularly for certain financial transactions.
7 The powers granted can be broad or specific, depending on the principal's wishes and the instructions included in the form.
8 Revoking the power of attorney must be done in writing by the principal while they are mentally competent.
9 If no termination date is specified in the document, it remains in effect until the principal's death or revocation.
10 Starting October 1, 2011, new laws were enacted in Florida affecting the requirements and acceptance of durable power of attorney forms.

Instructions on Utilizing Florida Durable Power of Attorney

Filling out a Florida Durable Power of Attorney form is a significant step in planning for your financial future. This document allows someone you trust to manage your financial affairs if you're unable to do so. It's essential to fill out this form accurately to ensure your financial well-being is secure. Here are the steps you need to follow to complete the Florida Durable Power of Attorney form properly.

  1. Read through the entire form first to understand what information you will need. This will help you gather all necessary documents and details beforehand.
  2. Start by entering your full legal name and address at the top of the form, where indicated, to establish your identity as the principal.
  3. Designate your agent (also known as an attorney-in-fact) by providing their full legal name and contact information. Choose someone you trust implicitly to manage your financial affairs.
  4. If you wish, appoint a successor agent. This person will act if your primary agent is unable or unwilling to serve. Include their full legal name and contact information as well.
  5. Specify the powers you are granting to your agent. The form may list various financial transactions and decisions your agent can make on your behalf. Initial next to each power you are granting. If you want to grant all powers available, there may be a provision to initial a single statement to this effect.
  6. Some forms require you to specifically acknowledge certain powers by initialing separate statements, such as the power to buy or sell real estate, manage life insurance, or change beneficiary designations. Make sure to review and initial these sections as appropriate.
  7. If there are any powers you do not wish to grant to your agent, the form may allow you to strike through or otherwise indicate these exceptions. Carefully review and make these indications clearly.
  8. Review any special instructions or limitations section where you can specify conditions or limitations to the powers granted to your agent. Use clear, concise language to outline any specifics.
  9. Sign and date the form in the presence of two witnesses and a notary public. This is a crucial step, as the form will not be legally binding without it. Ensure the witnesses are adults and not named as agents in the document.
  10. Have your witnesses sign and date the form, then have the document notarized. The notary public will complete their section, sign, and affix their seal, making the document official.

After completing the form, communicate with your appointed agent(s) about their responsibilities and provide them with a copy of the document. Securely store the original in a safe place, like a safe deposit box or with an attorney, and let a trusted individual know where it can be found if needed. It's a good idea to review and potentially update your Durable Power of Attorney periodically or when significant life changes occur to ensure it still reflects your wishes.

Discover Other Popular Durable Power of Attorney Forms for US States

Oklahoma Power of Attorney Instructions - It’s a safeguard against possible future incapacitation, guaranteeing that your affairs are managed according to your standards and expectations.

Power of Attorney Virginia - While it covers a broad range of financial activities, the Durable Power of Attorney can also be tailored to restrict certain powers or require the agent to consult with specified individuals before making significant decisions.