State specific statute

This jurisdiction has not adopted the Uniform Power of Attorney Act. Durability, agent duties and third party reliance are governed by the state specific chapter cited below, and the document usually has to state expressly that it survives incapacity.

How it has to be signed

In Florida, notarisation is required, and 2 witnesses must sign. There is no legislative short form, so the document is usually drafted from scratch or adapted from a bank or brokerage template.

Practical checks

• Name a successor agent. A single named agent who cannot serve makes the whole instrument useless.
• Decide whether the powers start immediately or only on incapacity, and say which in the document.
• Hot powers such as making gifts, changing beneficiaries or creating trusts normally have to be granted expressly.
• If real property is involved, the recorder of deeds in the county will have its own recording and acknowledgment rules.
• Give the agent an original or certified copy. Many institutions will not act on a scan.