However there are certain exceptions specified in florida law when a durable power of attorney. A durable power of attorney must contain special wording that provides the power survives the incapacity of the principal.
A durable power of attorney form remains effective if you become incapacitated and unable to communicate your wishes.
How to get durable power of attorney in florida. Florida durable power of attorney form represents a way in which an individual or principal can have someone act for them with regard to their finances and other areas of life the durable type of poa stays in effect even if the principal ends up in a situation where he or she cannot think or act or communicate. Must a person be competent to sign a florida power of attorney. If you are incapacitated and the power of attorney is challenged in court the witnesses may be called upon.
The principal must understand what he or she is signing at the time the document is signed. Unlike many other states florida does not allow a springing power of attorney and does not provide an authorized form for a financial power of attorney. In the state of florida two witnesses must sign the power of attorney.
A durable power of attorney is like a general power of attorney except it continues to remain in effect after you become incapacitated. A power of attorney terminates if the principal becomes incapacitated unless it is a special kind of power of attorney known as a durable power of attorney a durable power of attorney remains effective even if a person becomes incapacitated. The financial power of attorney requirements in florida are found in the florida power of attorney act which begins with section 709 2101 of the florida statutes.
Under the new law the durable power of attorney must specify the superpowers if any being granted to the agent. Most powers of attorney granted today are durable. The magic words to make a florida poa durable are this durable power of attorney in florida is not terminated by subsequent incapacity of the principal except as provided in chapter 709 florida statutes if all necessary powers are included a durable poa can avoid the need for guardianship proceedings.
The purpose of a durable power of attorney dpoa is to provide the least restrictive alternative to having someone act on your behalf to make health care and financial decisions. What is a power of attorney. Identify two people who can be trusted to witness your signature.
The person that is granted a power of attorney is known as. Also the principal must physically initial each section of the document granting each superpower. The current dpoa statute which can be found at florida statute section 709 01 through 709 11 is not very long and does not.
If loved ones suspect an agent isn t acting in the principal s best interests they can take steps to override the power of attorney designation. 1 2011 must be an immediate power. A florida durable power of attorney signed on or after oct.