Power of Attorney

Power of Attorney: Empowering Your Loved Ones to Act on Your Behalf

A Power of Attorney (POA) is a critical legal tool that grants someone the authority to act on your behalf in financial, legal, or other specified matters. In Florida, establishing the right type of power of attorney can be crucial if you ever become incapacitated or otherwise unable to manage your affairs. At Smith Cors Law, we guide you through Florida’s requirements for creating a valid POA and help you tailor its scope to fit your specific needs.

Understanding Power of Attorney

A power of attorney is a legal document in which you (the principal) designate an individual (the agent or attorney-in-fact) to make decisions and take actions on your behalf. This can include signing checks, managing real estate, paying bills, or handling other financial transactions.

Types of Power of Attorney in Florida

✅ Durable Power of Attorney

Remains effective even if you become mentally or physically incapacitated.
Requires specific language stating the POA is intended to be durable.

✅ General (Non-Durable) Power of Attorney

Grants broad authority but automatically terminates if you become incapacitated.

✅ Limited or Special Power of Attorney

Grants authority for a narrow or specific purpose (e.g., selling a property while you’re out of the country).

✅ Springing Power of Attorney (No Longer Recognized in Florida)

Historically , it became effective only upon the principal’s incapacitation, but Florida law changed in 2011. Springing POAs are generally not valid for new documents unless executed before October 1, 2011.

Legal Requirements in Florida

Written Document: The power of attorney must be in writing.
Principal’s Signature: You must sign (or direct someone to sign on your behalf) in the presence of two witnesses.
Notarization: A POA in Florida must also be notarized to be valid.
Capacity: You must be of sound mind at the time you execute the POA.

Duties and Responsibilities of the Agent

Your agent must act in your best interest and within the scope of authority granted. They have a fiduciary duty to:

Manage your assets prudently.
Keep accurate records of transactions.
Avoid conflicts of interest.
Follow your instructions and preferences whenever possible.

Revoking or Changing a Power of Attorney

You can revoke a power of attorney at any time by delivering a written revocation to the agent and any third parties relying on the document. Creating a new POA does not automatically revoke the old one unless the new document explicitly states so. It’s crucial to keep your estate planning documents consistent to avoid confusion.

Common Misconceptions

“My Spouse Automatically Has POA”: Marriage does not grant automatic authority over financial accounts or decisions. You must still legally execute a POA to authorize your spouse.
“I Only Need One if I’m Old”: Accidents or illnesses can occur at any age. Having a durable POA ensures a trusted individual can step in if you’re temporarily or permanently incapacitated.
“POA Grants Unlimited Control”: You define the scope. You can make it broad or narrow, depending on your comfort level.

Importance in Estate Planning

A power of attorney complements other estate planning tools like wills and trusts. If you lack a valid POA and become incapacitated, court-ordered guardianship may be necessary—an often expensive and time-consuming process. With a POA, you maintain more control over who will manage your affairs and how they will do so.

How Smith Cors Law Can Help

Our team at Smith Cors Law will:

Explain the different types of POAs and help you choose one that suits your circumstances.
Draft documents that comply with Florida’s strict requirements.
Provide guidance on selecting a trustworthy agent and defining their powers.
Coordinate your POA with other estate planning documents like trusts, wills, and healthcare directives

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Practice areas

Estate Planning

Probate & Estate Administration

Real Estate Law

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Take the Next Step

Setting up a power of attorney doesn’t signal a loss of independence—it’s a wise strategy for safeguarding your interests should life take an unexpected turn. If you’re ready to establish or update a power of attorney in Florida, contact Smith Cors Law. We’re here to ensure you remain in control, even if you can’t speak or act for yourself.

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Power of Attorney