Will.com / Power of attorney / Florida
FL · Durable Power of Attorney
Make your Florida power of attorney.
Name someone you trust to handle your finances if you can't. Legally valid in Florida. Free to create, or add secure online document storage with the $29/year subscription.
Florida POA requirements
Key features in Florida
- Florida has no statutory short-form POA. Chapter 709 part II (the Florida Power of Attorney Act, §§709.2101 to 709.2402) prescribes execution and authority but does not provide a fill-in statutory form.
- Seven 'superpowers' under Fla. Stat. §709.2202(1)(a) to (g) require the principal to sign or initial next to each specific enumeration: (a) create an inter vivos trust; (b) amend, modify, revoke, or terminate a trust (sub-paragraph (b) carries an additional statutory precondition that the trust instrument itself must explicitly authorize amendment, modification, revocation, or termination by the settlor's agent; the principal's sign-or-initial alone is insufficient if the trust is silent); (c) make a gift; (d) create or change rights of survivorship; (e) create or change a beneficiary designation; (f) waive the principal's right to be a beneficiary of a joint and survivor annuity; (g) disclaim property and powers of appointment.
- Springing POAs are abolished for instruments executed on or after October 1, 2011 (Fla. Stat. §709.2108(1)). A POA must be effective on execution, not on a future date or contingency.
- Requires BOTH two subscribing witnesses AND notarial acknowledgment. Fla. Stat. §709.2105 (stricter than most states).
- POAs witnessed via remote online witnessing under §117.285 are not effective to grant any of the seven superpowers (Fla. Stat. §709.2202(6)).
How it works
- 1
Answer a few questions
About your agent, the powers you want to grant, and when they take effect.
- 2
Download your power of attorney
A complete, personalized document, formatted for Florida.
- 3
Sign and share
Sign in front of 2 adult witnesses and a notary. Give a copy to your agent.
Springing POAs in Florida
Florida does not allow a "springing" power of attorney, one that only takes effect when you become incapacitated. Your POA must be immediately effective when signed. Most people manage this by keeping the signed document in a safe place and telling the agent it's there but only to use it if you can't.
Two tiers, both private
Free: nothing leaves your browser. No account, no storage. Clear your answers whenever.
Subscription ($29/year): zero-knowledge encrypted storage. We store the ciphertext; only you hold the key. Edit and update as life changes.
Ready to create your POA?
Whatever you decide today, your family won’t have to guess. Start free, or save it to your account for $29 a year.