Florida Durable Power of Attorney Forms

Florida Durable Power of Attorney

Florida Durable Power of Attorney Forms

A common legal document that we’re asked to type for our customers is a Florida General Durable Power of Attorney form.   On November 1, 2014, Florida law relating to Power of Attorney changed when Florida’s Power of Attorney Act ( Chapter 709 Florida Statutes) went into effect.  The new rules replaced and superseded the previous law regarding powers of attorney.  A power of attorney is usable only when the principal (the person who gave the power) is living.

Regular and Durable Power of Attorney – What’s the Difference?

There are various types of Power of Attorney, and it’s important that you know the difference.  If you think you need a Florida Power of Attorney to appoint an agent or attorney-in-fact to act on your behalf, and you don’t understand the various types of Power of Attorney and their specific  provisions and ramifications, you should consult with a licensed attorney.  The Florida Bar also publishes a consumer information pamphlet on the subject.

What is Power of Attorney?

A Power of Attorney in Florida  is a legal document that provides a way to appoint another person to have legal authority to take action and make decisions on your behalf and in your best interests.  The person you appoint is called your attorney-in-fact or your agent, and you are referred to as the principal.  You decide the scope of the powers that you want to give your agent.  They can be very broad, or very narrow, such as allowing someone to pay your monthly bills on your behalf.

Florida Durable Power of Attorney – Incapacity of the Principal

A Florida Durable Power of Attorney contains specific language which makes it clear that this power extends to your agent or attorney-in-fact even in the event that you become incapacitated due to accident or illness and cannot make decisions for yourself.  This type of Florida power of attorney is used commonly by people who want to plan for a time when they may be incapacitated or if they are planning to be away from their home or family for an extended period.

A regular power of attorney ends if you, the principal, becomes incapacitated.  Having a non-durable power of attorney could be devastating  if you were depending on the document to allow your agent to act on your behalf when you are unable.

There are other power of attorney documents such as a general power of attorney, financial power of attorney, medical power of attorney, tax power of attorney, and a power of attorney dealing with real estate.  If you don’t know which one is right for your situation, you should consult with an attorney.

Choose Someone You Trust

Since your attorney-in-fact will have significant power over your personal affairs once you execute your Florida Power of Attorney document, it’s vital that you only appoint someone who you trust implicitly.  Most choose a close relative or friend.  It may be a good idea to appoint an alternate agent, in case your first choice is not available.

Can I Give Someone Specific Powers, or is it All or Nothing?

The Florida Durable Power of Attorney document that we prepare does allow you to give your agent all powers, but it also gives you the option of just authorizing very specific powers.  For example, a lot of customers call just looking for a Medical Power of Attorney.  You can see the breakdown and details of each of the specific powers in the Florida Durable Power of Attorney document by clicking HERE.

Services We Provide

Florida Document Specialists will type a General Florida Power of Attorney document to your specific wishes using the information that you provide in our questionnaire.  If you are able to visit our office, you will leave with a fully executed Florida Durable Power of Attorney.   For our out-of-area customers, the documents are delivered via email and/or U.S. Mail.  Best practices that we have adopted  do not permit us to meet with customers at their homes, in hospitals, in assisted living, hospice, etc.  In situations such as these, we can still type the durable power of attorney document for you, but you will have to arrange for your own notary and witnesses.

How Much Do You Charge?

We charge a flat fee of $125 to prepare a Florida General Durable Power of Attorney document using the information that you provide in our questionnaire.  If you bundle your Durable Power of Attorney with a Last Will and Testament, Living Will (Advance Directives), Health Care Surrogacy, or other document preparation services, we will discount the price.  We promise you a personalized experience, much better than downloading forms from a national site or buying document packets at an office supply store that are typically obsolete.  You will always have access to your personal document specialists by telephone and email.

Can You Notarize a Florida Durable Power of Attorney Form Online?

Yes.  You can sign the document from the comfort of your home or office, and we will supply the certified online notary and two witnesses.  Although we offer a remote online notarization option, there are specific requirements for power of attorney documents mandated by Florida law.  Click here to learn more about online notarization of a durable power of attorney.  This option is not available for persons currently residing in nursing homes, assisted living facilities, or hospitals.  The cost for the preparation of the durable power of attorney document, the online notary, and for providing two witnesses, is $175.

I’ve Seen Web Sites Offering the Power of Attorney Forms for Free

We have too.  Some of these sites aren’t free at all.  They bait you in, make you invest time, and then make you pay at the end.  Other sites do offer free forms, but they are not the current documents approved for use in Florida.  The main difference between us and them is you can call or email us, and a human will answer.  If you find a clerical error in your document or if you have determined that changes are needed, we will take care of it immediately at no extra charge.  Also, we will deeply discount our Florida Durable Power of Attorney form if you bundle it with other document services such as a will, ladybird (lady bird) deed, advance directives, or a healthcare surrogacy form.

How Can I Get Started?

If you’d like us to get started on the preparation of your Florida Durable Power of Attorney document, just click the button below.

Durable Power of Attorney