• General Power of Attorney – Broad powers, but ends if you become incapacitated.

• Limited (Special) Power of Attorney – Authority for specific acts or transactions.

• Durable Power of Attorney – Remains valid even if you are incapacitated.

• Springing Power of Attorney – Takes effect on a future event (like incapacity); new ones are no longer allowed in Florida after Oct. 1, 2011.

No. Being married does not automatically give your spouse legal authority to manage your finances, property, or legal affairs. If you want your spouse to act for you, you must sign a valid POA naming them as your agent.

For documents signed after Oct. 1, 2011, it’s effective immediately upon proper signing, witnessing, and notarization. “Springing” DPOAs that activate on incapacity are no longer allowed for new documents but may still be valid if signed under prior law.

• Vote in elections for you

• Sign or revoke your will

• Perform duties requiring your personal presence (like testifying as a witness)

• Act in fiduciary roles you hold (trustee, guardian) unless separately authorized

Any competent adult 18+ or a qualified financial institution with trust powers. Choose someone completely trustworthy. If you have concerns, consider naming co-agents to act independently as a check and balance.

An agent is a fiduciary, meaning they must:

• Act in your best interest and follow your reasonable expectations

• Keep good records

• Avoid conflicts of interest and self-dealing
  Misuse of a DPOA can lead to civil liability or criminal prosecution for elder exploitation.

It must be:

• Signed by you (or at your direction, in your presence)

• Witnessed by two people

• Notarized
  Without all three, it’s not valid in Florida.
  We can handle the notarization process online so your document is valid the moment it’s signed.

Not necessarily. Financial institutions can be reluctant, especially with older or out-of-state forms. Florida law allows them to require:

• A current affidavit from the agent confirming the DPOA is valid and unrevoked

• Opinion of counsel on its validity

• Certified English translations if needed

Submitting your DPOA for pre-approval to your bank in advance can prevent rejection later.
Our Verified Vault Access lets you share a QR code so banks can instantly confirm your document’s validity.

Attorneys often recommend updating every 3–5 years, or sooner after major life changes. Older DPOAs — especially pre-2011 ones — are more likely to be refused by banks.

Often, yes. A valid DPOA with the right powers can let your agent act without court intervention. But if you continue making harmful decisions while incapacitated, the court can still appoint a guardian.

They must give a written reason. If the refusal is not legally valid, they may be liable for damages. Still, resolving the issue may require legal action.

Maybe. Acceptance varies, especially for real estate transactions. If you’ve moved to Florida or plan to use your DPOA elsewhere, consider having one prepared to meet that state’s requirements.

No. These agencies have their own systems. For example, Social Security appoints a “representative payee” to manage benefits.

Yes, if you have capacity. Revocation must be in writing, and you should notify your agent and anyone relying on it. Special rules apply for notifying banks.

Yes. Florida law gives copies the same effect as originals unless the document says otherwise.
If you store your DPOA with us, we can provide secure electronic access for immediate use.

The Florida Power of Attorney Act (effective Oct. 1, 2011) overhauled prior law to:

• Require specific listing of powers

• Require initials for “superpowers”

• Eliminate springing POAs for new documents

• Allow co-agents to act independently

• Recognize copies and electronic versions
  Older “legacy” POAs remain valid, but financial institutions often prefer updated, Florida-specific forms.

• • Keep it current and Florida-specific

  • Choose reliable agents and alternates

  • Pre-clear it with banks and institutions

  • Store it securely for instant verification

Yes. Under Florida Statutes § 709.2119, a third party (like a bank, credit union, title company, or brokerage) may require the agent to sign a sworn statement — called an affidavit — confirming that:

• The principal is still alive.

• The Durable Power of Attorney has not been revoked or suspended.

• The agent’s authority is still valid under Florida law.

The purpose of this affidavit is to protect the institution from liability if the DPOA is later found to be invalid or revoked. If requested, the agent must sign it for the DPOA to be accepted. Refusing to sign could result in the bank declining to honor the DPOA.

Tip: We can type your Durable Power of Attorney with a ready-to-use Florida-compliant agent affidavit, so it’s available instantly if a bank requests it.