A Close Look At Powers Of Attorney In Florida

Last updated on July 1, 2025

Although it is not an estate planning tool, power of attorney (POA) designation is very commonly prepared in the context of estate planning. POA is a powerful tool to help you plan for “incapacity,” which is losing the ability to make or communicate decisions for yourself (typically due to cognitive decline or a serious medical issue like a coma). The power of attorney document grants authority to someone of your choosing to act as your agent, or decision-maker, if you lose capacity. You can limit the agent’s authority to make only certain decisions, and the POA designation ends when you either regain capacity or pass away.

Because of the importance of POA designations, it is critical to work with a skilled lawyer like ours at The King Firm, PA. Our estate law attorneys are knowledgeable and insightful about the legal and personal issues facing our clients in Tampa Bay and St. Petersburg, and they will guide you throughout the process of determining who might best serve in the role of power of attorney and the authority you can grant them.

Types Of Powers Of Attorney In Florida

There are several powers of attorney to choose from. Selecting the right one depends on your goals and the level of authority you wish to grant.

• General power of attorney: Provides broad authority over financial and legal matters but becomes invalid upon incapacitation.
• Durable power of attorney: Remains effective even after incapacity, making it essential for long-term planning.
• Limited (or special) power of attorney: Grants authority for specific tasks, such as selling property or managing a single account.
• Medical (health care) power of attorney: Allows your agent to make health care decisions when you are unable to do so.
• Financial power of attorney: Focuses solely on managing financial matters, including banking, investments and property.

A springing power of attorney activates upon a specific event, such as incapacity. However, Florida no longer recognizes new springing powers of attorney that are executed after October 1, 2011.

Creating A Power Of Attorney

Establishing a valid power of attorney in Florida involves meeting specific legal requirements and making thoughtful decisions.

• The requirements include your signature, two witnesses and notarization. You must be mentally competent at the signing.
• Drafting and customizing the document allows you to define the agent’s authority and tailor the document to your unique needs.
• Choosing an agent (attorney-in-fact) requires selecting someone trustworthy, capable and committed to the principal’s best interest.

You may revoke or amend a power of attorney. This involves a written notice and, in some cases, creating a new document.

Understanding Their Powers And Limitations

A power of attorney grants significant authority, but it also imposes clear responsibilities and boundaries.

• The scope of authority depends on the document’s language and may include financial, legal or health care decisions.
• Duties and responsibilities of the agent include acting in good faith, avoiding conflicts of interest and maintaining accurate records.
• Limitations and restrictions can be included to define the agent’s role and prevent misuse.

Setting safeguards against the power of attorney abuse often involves naming co-agents, securing third-party oversight or requiring regular reporting.

Power Of Attorney In Estate Planning

A power of attorney strengthens estate planning by allowing trusted individuals to manage your affairs during incapacity. It can help prevent the need for guardianship or conservatorship proceedings while helping ensure continuity in decision-making. 

When integrated with other estate planning documents – such as wills, trusts and health care directives – powers of attorney support a cohesive and effective plan that reflects your long-term goals.

Why You May Need A Power Of Attorney

Designating a power of attorney is your opportunity to select the person you want to make decisions for you. It’s important to establish POA before the need arises – by then, it will likely be too late. If you were to lose capacity without designating POA, your loved ones would need to initiate a guardianship proceeding. This is an often costly and stressful process wherein a judge would grant decision-making authority to someone, and there are no guarantees that the person is someone you would have chosen for yourself.

There are numerous types of powers of attorney in Florida, including:

• Medical power of attorney: This determines who can make medical decisions for you – from minor choices of treatment to major decisions about life support – when you are incapacitated. It is closely tied to your medical directives and is often called a health care proxy.
• Financial power of attorney: This document gives an individual the ability to make financial decisions for you. They can choose to sell your property or make decisions about how to pay for your debts.
• Special powers of attorney: You can draft documents granting limited authority for someone to act on your behalf in certain situations, such as at the bank or DMV. It’s important to note that you can grant powers of attorney for reasons other than incapacity, such as when you need someone to make a legal decision for you when you can’t be present yourself.

When you contact our firm, we will work with you to determine what type of power of attorney is right for your case, as well as talk you through what restrictions or limitations might be imposed on that power of attorney.

Power Of Attorney Is A Position Of Trust

The role of your designated power of attorney is to act in your best interest. Although this person has a great deal of authority to handle your care and financial well-being, they must do so with your best interest in mind. It is important that you choose someone who is of the highest level of trust and competence.

You establish power of attorney when you still have your faculties so that when and if you ever lose capacity, everything is already set up. You can’t give power of attorney once you have lost your faculties, and power of attorney is not a function of a will.

Although our lawyers cannot help you choose a person to designate, they can offer you guidance on what to consider when determining who should serve in the role of power of attorney. Once you’ve made a choice, they can then craft the proper documentation and give you the peace of mind of knowing that your power of attorney is in place.

Get A Free Consult From An Attorney You Can Trust

People across Florida put their faith in our lawyers because they are attentive to clients and care about their concerns. They respect our clients’ time and work efficiently to resolve any questions or requests. Call today to learn more about our firm at 888-712-4771 or send an email using this form.