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Power of Attorney in Florida: Requirements, Banks, and How to Get One
Florida asks for both witnesses and a notary, doesn't allow a power of attorney that waits for incapacity, and makes certain powers depend on your parent's separate initials.
By naveen · Updated · How we research our guides
What to know
- A Florida power of attorney must be signed by your parent and two subscribing witnesses and acknowledged before a notary public (Florida Statutes §709.2105).
- A Florida power of attorney signed today works as soon as it's signed; one that says it starts at a future date or event is ineffective.
- Powers such as making gifts or changing beneficiary designations work only if your parent signs or initials next to each one.
- Banks and broker-dealers are presumed to have four business days to accept or reject one for covered transactions, and a rejection needs written reasons.
- Retirement Checklist puts the power of attorney in order with everything else your family needs to settle.
A power of attorney in Florida must be signed by your parent and by two subscribing witnesses, and acknowledged by your parent before a notary public. That's Florida Statutes §709.2105: witnesses and a notary, not one or the other. Florida is also strict about when the document takes effect.
What is a durable power of attorney in Florida?
It's a document in which your parent (the principal) names an agent to act for them, and which keeps working if your parent later becomes incapacitated. Florida's rules are in the Florida Power of Attorney Act, part II of chapter 709.
The durability comes from the wording. Under §709.2104, a power of attorney is durable if it contains the words "This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes," or similar words showing the same intent. Without that, it ends if your parent becomes incapacitated (§709.2109). Our general guide to power of attorney for an elderly parent covers the timing and the choices involved.
What does Florida require for a power of attorney to be valid?
Florida requires your parent's signature, two subscribing witnesses, a notary's acknowledgment and a qualified agent, and the document needs the durability wording to survive incapacity.
| Requirement | What Florida law says | Section |
|---|---|---|
| Your parent's signature | Signed by the principal | §709.2105(2) |
| Witnesses | Signed by two subscribing witnesses | §709.2105(2) |
| Notary | Acknowledged by the principal before a notary public, or as otherwise provided in §695.03 | §709.2105(2) |
| If your parent can't sign | The notary may sign your parent's name | §709.2105(3) |
| Durable | Contains the durability wording | §709.2104 |
The agent has to qualify as well. Under §709.2105(1), the agent must be a natural person who is 18 or older, or a financial institution that has trust powers, a place of business in Florida, and authority to conduct trust business in Florida.
A power of attorney signed in another state can still work in Florida. Under §709.2106, one that doesn't meet Florida's signing rules is valid in Florida if it complied with the law of the state where it was signed, though a third person may ask for an opinion of counsel before relying on it.
Can a Florida power of attorney wait until your parent is incapacitated?
No, for one signed now. Under §709.2108, "a power of attorney is exercisable when executed," and a power of attorney "is ineffective if the power of attorney provides that it is to become effective at a future date or upon the occurrence of a future event or contingency." The exceptions are narrow, including documents signed before October 1, 2011.
California, Texas and New York differ: their statutes allow a power of attorney that takes effect later, such as on incapacity. In Florida, the agent can act from the day of signing, so the choice of agent matters from day one.
Is there an official Florida power of attorney form?
No. The Florida Power of Attorney Act doesn't set out a fill-in power of attorney form. The only form printed in chapter 709 is an agent's affidavit, used when a third person asks the agent to confirm facts (§709.2119). Florida powers of attorney are drafted to meet the statute's requirements instead.
Which powers need your parent's separate initials?
Seven powers, including making gifts and changing beneficiary designations, need your parent's signature or initials next to each one. Under §709.2202, an agent may exercise them only if your parent "signed or initialed next to each specific enumeration of the authority":
- create a trust during your parent's lifetime;
- amend, modify, revoke or terminate a trust your parent created, if the trust allows the settlor's agent to;
- make a gift;
- create or change rights of survivorship;
- create or change a beneficiary designation;
- waive your parent's right to be a beneficiary of a joint and survivor annuity;
- disclaim property and powers of appointment.
For how those designations work alongside a will, see our guide to beneficiary designations.
What does the agent have to do?
The agent must act as a fiduciary, within the authority granted and in good faith: "An agent is a fiduciary" (§709.2114). An agent who has accepted the appointment must act only within the authority granted, in good faith, not contrary to reasonable expectations of your parent's that the agent knows of, and not contrary to your parent's best interest. The agent must also attempt to preserve your parent's estate plan, as far as they know it, when that's in your parent's best interest.
Records are mandatory. The agent "must keep a record of all receipts, disbursements, and transactions made on behalf of the principal," and may not delegate authority to a third person except in the limited cases the statute lists.
Do banks have to accept a Florida power of attorney?
Banks have to accept or reject one within a reasonable time, and four business days is presumed reasonable for covered banking and investment transactions. Under §709.2120, "A third person must accept or reject a power of attorney within a reasonable time." For a financial institution or broker-dealer, four days, excluding weekends and legal holidays, are presumed reasonable for a banking or investment transaction, when the power of attorney expressly contains that authority under §709.2208.
The same section says a third person "may not require an additional or different form of power of attorney for authority granted in the power of attorney presented," and one who rejects it for any reason other than the one in §709.2120(4)(a) "must state in writing the reason for the rejection." A third person isn't required to accept it for a transaction it wouldn't have to do for your parent either.
The banking authority itself has specific wording. A power of attorney that states the agent has "authority to conduct banking transactions as provided in section 709.2208(1), Florida Statutes" grants general authority for listed banking transactions, such as opening and closing accounts and making withdrawals.
When does a Florida power of attorney end?
It terminates when your parent dies, revokes it, or is adjudicated incapacitated by a court (unless the court keeps some authority in place), when its purpose is accomplished or its terms say it ends, or when the agent's authority ends and no other agent is named (§709.2109). The agent's authority ends if the agent dies, becomes incapacitated, resigns or is removed by a court, or if an action is filed to end the agent's marriage to your parent, unless the document says otherwise.
There's also a pause. If someone starts court proceedings to determine your parent's incapacity or to appoint a guardian advocate, the agent's authority "is suspended until the petition is dismissed or withdrawn or the court enters an order authorizing the agent." If the agent is your parent's "parent, spouse, child, or grandchild," the authority isn't suspended unless a verified motion is also filed. For what those proceedings involve, see our Florida guardianship guide.
How do you revoke a power of attorney in Florida?
Your parent can revoke it "by expressing the revocation in a subsequently executed power of attorney or other writing signed by the principal," and may give notice to the agent (§709.2110).
One trap: signing a new power of attorney doesn't by itself revoke an old one. Unless the new document expresses the revocation, the earlier power of attorney stays in effect.
How much does a power of attorney cost in Florida?
The cost Florida law sets is the notary's fee: it "may not exceed $10 for any one notarial act" under that part of the law, with listed exceptions (§117.05). Because chapter 709 has no fill-in form, the document has to be drafted to meet the statute, and any attorney's fee for that is agreed between your parent and the attorney.
What questions are worth asking before your parent signs?
- Since the agent can act right away, who does your parent trust with that?
- Should there be a successor or co-agent?
- Which of the initial-each-one powers, if any, should be included?
- Does it contain the banking wording the bank will look for?
- Which banks and institutions will need a copy?
Frequently asked questions
Does a power of attorney need to be notarized in Florida?
Yes. Florida Statutes §709.2105 requires a power of attorney to be signed by the principal and by two subscribing witnesses and acknowledged by the principal before a notary public, or as otherwise provided in §695.03. Florida requires both the witnesses and the acknowledgment, not one or the other.
How many witnesses does a Florida power of attorney need?
Two subscribing witnesses, in addition to the notary's acknowledgment, under §709.2105. If your parent is physically unable to sign, the notary may sign your parent's name on the document. The agent must be an adult aged 18 or older or a qualifying Florida trust institution.
Can you get a springing power of attorney in Florida?
Not for one signed now. Under §709.2108, a power of attorney is exercisable when executed, and one that says it takes effect at a future date or on a future event is ineffective. The narrow exceptions include powers of attorney signed before October 1, 2011.
Is there a Florida power of attorney form?
Chapter 709 doesn't print a fill-in power of attorney form; the only form in the chapter is an agent's affidavit. A Florida power of attorney is drafted to meet the statute, including the durability wording in §709.2104 and the separately initialed powers in §709.2202.
Can a bank refuse a Florida power of attorney?
Only within limits. Under §709.2120, a bank must accept or reject within a reasonable time, presumed four business days for covered banking transactions, can't demand a different form for authority already granted, and, with one listed exception, must give its reasons for a rejection in writing.
Does a new power of attorney cancel the old one in Florida?
Not by itself. Under §709.2110, executing a new power of attorney doesn't revoke an earlier one unless the revocation is expressed in the new document or another writing your parent signs. Your parent can also give notice of the revocation to the agent.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it. The plan this site builds asks four questions, including which state your parents live in, and puts the steps that matter most for your family in order, including the Florida living will and health care surrogate. It's free and takes about 90 seconds.
Related guides
Sources
- Florida Statutes §709.2104, Durable power of attorney: the durability wording.
- Florida Statutes §709.2105, Qualifications of an agent; execution: two witnesses and a notary.
- Florida Statutes §709.2108, When power of attorney is effective: exercisable when executed.
- Florida Statutes §709.2110, Revocation of power of attorney: revoking in a signed writing.
- Florida Statutes §709.2120, Rejecting power of attorney: timing and written reasons.
- Florida Statutes §709.2202, Authority that requires separate signed enumeration: powers that need your parent's initials.
- Florida Statutes chapter 709, full text: agent duties, termination, and banking authority.
- Florida Statutes §117.05, Notary fees: the fee limit for a notarial act.
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