A guide to making a Florida power of attorney

What is a power of attorney?

A power of attorney, or POA, is a legal document that lets you grant another person the authority to make important medical or financial decisions on your behalf. This person is called your agent.

In Florida, you don’t have to hire a lawyer to create your power of attorney — you can do it yourself, saving you time and money. As long as you follow Florida’s requirements, any POA you create is just as legal as one drafted by a lawyer. And with the help of free power of attorney forms, it’s easier than ever to create a Florida POA that reflects your wishes. We’ll walk you through everything you need to know.

Refresher: What is a power of attorney, and why do I need one?

Types of powers of attorney

Florida recognizes several types of POAs. Each one serves a specific purpose and gives your agent unique powers. You’ll want to choose one that’s the best fit for your situation. Here are some options:

1. Durable power of attorney

When a power of attorney is “durable,” it means your agent’s authority continues if you’re incapacitated — for example, if you were in a coma. Durable POAs are used for estate planning, because you’re preparing for a situation where you may not be able to make decisions on your own. If your POA isn’t durable, your agent’s power to act ends if you become incapacitated.

All of the POAs listed below can be durable. Under Florida law, a power of attorney is considered durable if it contains the words: “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes,” or something similar.

2. General power of attorney / financial power of attorney

In Florida, a general POA (also called a financial POA) gives your agent authority to handle your financial and business matters. For example, your agent could pay your bills, make bank deposits and withdrawals, file your taxes, and more. To grant certain financial decisions to your agent in Florida, you need to sign or initial next to each decision in your POA.

A financial POA doesn’t allow your agent to make healthcare decisions for you. Those decision rights are covered by a medical power of attorney. However, your financial agent may approve and pay for any medical expenses you may have since that’s a financial decision.

3. Limited power of attorney

With a limited POA, you only allow your agent to act in a certain scenario or complete a specific task. For example, say you own a piece of real estate in a different city. You could travel to and from that city to manage or sell your property. Or you could grant your agent the limited authority to manage the property for you, or to represent you when you sell it.

4. Medical power of attorney

A medical power of attorney — known officially in Florida as a “designation of health care surrogate” — gives your agent, or “surrogate,” the authority to make healthcare decisions on your behalf. These decisions could be about your treatment options, medication, surgery, end-of-life care, and more.

In Florida, your medical POA needs to be signed by you and two witnesses, and at least one of those witnesses shouldn’t be related to you. You don’t need to have your medical POA notarized.

Florida power of attorney requirements

To make a Florida POA, you must:

• Be at least 18 years old.
• Be “of sound mind,” meaning you understand the effects of making a POA.
• Sign your POA in the presence of two competent adult witnesses and (unless you’re making a medical POA) a notary. There are some exceptions for military POAs and for POAs created in another state.

Ideally, your witnesses should be “disinterested,” which means they aren’t:

• Your agent
• A family member related to you by blood or marriage
• Someone who stands to inherit something from your estate when you die
• Your doctor, or someone else providing healthcare services to you

Once you create a power of attorney, it’s a good idea to give a copy to your agent. This is because they have to present the POA to appropriate authorities (like your bank or hospital) to prove they have the authority to make decisions on your behalf.

Who can serve as your agent in Florida?

According to Florida law, your POA agent can be anyone who is at least 18 years old and of sound mind. Your agent doesn’t have to be a lawyer — in fact, most people don’t choose a lawyer to be their agent. You can nominate a family member, close friend, business partner, or anyone you trust to act in your best interests. You can also name a financial institution that has trust powers (like a bank or trust company), as long as it has a Florida location and is authorized to conduct business in the state.

If you have a power of attorney, do you still need a will?

Yes, estate planning professionals agree that you should have both a will and a POA. These documents serve different purposes. Your last will and testament outlines how you want your property distributed after you die. Your POA covers important decisions that have to be made during your lifetime in the event you become ill or injured.

Learn more about how to make a Florida will.

How to make a Florida power of attorney

Here are the basic steps to make your Florida power of attorney:

1. Decide which type of power of attorney to make. If you’re using your POA for estate planning purposes, consider a durable POA for your finances and medical POA for your healthcare preferences.
2. Decide who you want to be your agent. It’s a good idea to speak to this person beforehand and make sure they’re willing to serve as your agent.
3. Decide what authority you want to give your agent. What financial or medical decisions do you want them to be responsible for managing on your behalf?
4. Get a power of attorney form. Florida residents can access a free template for a designation of health care surrogate from the Florida Senate’s website. Another option is to use FreeWill to create your free durable power of attorney or living will (which includes a medical POA).
5. Complete the form, sign it, and have it notarized or witnessed. If you create a medical POA, you need to sign the form in the presence of two witnesses, who must also sign. If you create any other type of POA, you need two witness signatures plus the acknowledgement and signature of a notary public.
6. Consider giving a copy of your POA form to your agent and other interested parties, like your bank and medical office.
7. Keep your POA forms in a safe place with your other estate planning documents.
8. Keep your POA updated as your circumstances change.

A power of attorney creates peace of mind

If you’re ready to create your power of attorney but aren’t sure where to begin, FreeWill can help. Just choose a document type, complete the questionnaire, and you’ll receive a document reflecting your wishes — completely free. We also include instructions for how to execute your documents to make them valid under Florida law.

Create a Florida financial power of attorney

Create a Florida living will (which includes a medical power of attorney)

Everyone’s situation is unique, so if you have any questions or concerns about your power of attorney, consider meeting with an estate attorney.