Florida Power of Attorney Forms
The Florida Power of Attorney Forms are legal instruments created to ensure that should one party wish to hand over their decision making powers to another party, for whatever reasons or matters, they may legally do so. For the Power of Attorney to be legally established, certain requirements must be fulfilled by both parties, including those dictated by state power of attorney laws.
What is a Florida Power of Attorney?
A Florida Power of Attorney is a document that outlines the ways in which a Principal is willing to hand over any range of responsibilities to another to perform on their behalf. It is of upmost importance that neither party agrees to sign the form unless they completely comprehend and agree to the conditions set forth in the form. The reason being that a Power of Attorney is a legally-binding document that grants certain powers and responsibilities that must be upheld.
- Florida Power of Attorney Laws – (Ch. 709, Part II, “Powers of Attorney”)
- State Definition of Power of Attorney (§ 709.2102) – “means a writing that grants authority to an agent to act in the place of the principal, whether or not the term is used in that writing.”
- Signing Requirements (§ 709.2105) – Must be signed by the Principal along with two (2) witnesses and be acknowledged by a Notary Public.
Designation of Health Care Surrogate (Medical Power of Attorney) – This form usefully provides a legal avenue for an individual to elect, while they are of a healthy mind and body, a health care surrogate to make health care decisions for them should they become incapacitated at a future date.
Durable Power of Attorney Form – Assuming the requirements set forth by state law are fulfilled, the power of attorney conditions listed in this type of form will withstand even with the principal’s incapacity.
General (Financial) Power of Attorney Form – The distinction between a general and durable power of attorney form is that the general type will immediately be rendered void upon the principal falling into a state of medical incapacitation.
Limited (Special) Power of Attorney Form – A power of attorney form used only for circumstances involving the transfer of a narrow, rather than broad range of decision making powers from a principal to an agent.
Minor (Child) Power of Attorney Form – Parents who know of a trusted family member, friend, or other individual they wish to entrust the care of their child to in certain situations can do so by filling out this legal document.
Motor Vehicle Power of Attorney (Form HSMV-82053) – Florida’s Department of Highway Safety and Motor Vehicles, Division of Motorist Service demands that anyone who wishes to engage a power of attorney for matters pertaining to their motor vehicle must complete this particular document they have produced.
Download – Adobe PDF
Real Estate (Property) Power of Attorney Form – A potential or actual property owner may employ this form to call on another party to handle a variety of real estate matters for them.
Revocation of Power of Attorney Form – A legal document that asserts, upon signing, the terms of the power of attorney in question will no longer be legally applicable.
State Tax Power of Attorney (Form DR-835) – The Florida Department of Revenue requires all state residents who want to elect a tax power of attorney to do so by providing the details of such an arrangement within this legal document.
Download – Adobe PDF
When is it Effective?
A Florida Power of Attorney is effective as long as the following holds true (according to § 709.2105):
- The Agent (Attorney-in-Fact) must be at least eighteen (18) years old or the Agent must be a business that holds trust powers, is authorized to conduct business within Florida, and has a place of business within the state.
- The document must be signed by the Principal in the presence of two witnesses and be acknowledged by a Notary Public.
- If the Principal is not able to sign the document him or herself, the Notary Public entrusted with acknowledging the signing of the form can sign the Principal’s name in their place.