Free Florida Power of Attorney Form


Sample Florida Power of Attorney

POWER OF ATTORNEY


THIS Power of Attorney
is given by me, _______________ (the “Principal”), presently of _______________, _______________, in the State of Florida, on this ___ day of ____________________,20___.

    Previous Power of Attorney

  1. I REVOKE any previous Power of Attorney granted by me.
  2. Agent

  3. I APPOINT __________________, of ___________________________, __________________, Florida, to act as my Agent.
  4. Governing Law

  5. This document will be governed by the laws of the State of Florida. Further, my Agent is directed to act in accordance with the laws of the State of Florida at any time he or she may be acting on my behalf.
  6. Liability of Agent

  7. My Agent will not be liable to me, my estate, my heirs, successors or assigns for any action taken or not taken under this document, except for willful misconduct or gross negligence.
  8. Effective Date

  9. This Power of Attorney will not come into effect until 12:01 AM local time on the day of _____________, 20___, and will cease to be in effect upon a finding of my mental incapacity or mental infirmity which may occur after my execution of this Power of Attorney.
  10. Powers of Agent

  11. My Agent has authority to do anything on my behalf that I may lawfully do by an Agent (the “General Power”).
  12. Specific Powers

  13. Without restricting its generality in any way, the following power(s) are specifically included within the foregoing General Power:

    Initial the line at each authority you grant

      X_____Real Estate Transactions

    1. To deal with any interest I may have in real property and sign all documents on my behalf concerning my interest, including, but not limited to, real property I may subsequently acquire or receive. These powers include, but are not limited to, the ability to:

       

      i.

      Purchase, sell, exchange, accept as gift, place as security on loans, convey with or without covenants, rent, collect rent, sue for and receive rents, eject and remove tenants or other persons, to pay or contest taxes or assessments, control any legal claim in favor of or against me, partition or consent to partitioning, mortgage, charge, lease, surrender, manage or otherwise deal with real estate and any interest therein; and

       

      ii.

      Execute and deliver deeds, transfers, mortgages, charges, leases, assignments, surrenders, releases and other instruments required for any such purpose.

    2. X_____Maintain Property and Make Investments

    3. To retain any assets owned by me at the date this Ordinary Power of Attorney becomes effective, and the power to reinvest those assets in similar investments. In addition, my Agent may invest my assets in any new investments, of his or her choosing, regardless of whether or not they are authorized by any applicable legislation.

    4. X_____Banking Transactions

    5. To do any act that I can do through an Agent with a bank or other financial institution. This power includes, but is not limited to, the power to:

       

      i.

      Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions;

       

      ii.

      Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity;

       

      iii.

      Borrow money from any banking or financial institution if deemed necessary by my Agent, and to manage all aspects of the loan process, including the placement of security and the negotiation of terms;

       

      iv.

      Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities;

       

      v.

      Have access to any safe deposit box that I might own, including its contents; and

       

      vi.

      Create and deliver any financial statements necessary to or from any bank or financial institution.

    6. X_____Business Operating Transactions

    7. To take any action my Agent deems necessary with any business that I may own or have an interest in by doing any act which can be done through an Agent. This power includes, but is not limited to, the power to execute, seal and deliver any instrument; participate in any legal business of any kind; execute partnership agreements and amendments; to incorporate, reorganize, consolidate, merge, sell, or dissolve any business; to elect or employ officers, directors and agents; and to exercise voting rights with respect to any stock I may own, either in person or by proxy.

    8. X_____Insurance Transactions

    9. To do any act that I can do through an Agent with any insurance policy. This power includes, but is not limited to, the power to pay premiums, start, modify or terminate policies, manage all cash payouts, borrow from insurers and third parties using insurance policies as collateral, and to change the beneficiaries on any insurance policies on my life. Unless my Agent was already a beneficiary of any policy before the signing of this document, my Agent cannot name himself or herself as a beneficiary of such policy.

    10. X_____Claims and Litigation Matters

    11. To institute, maintain, defend, compromise, arbitrate or otherwise dispose of, any and all actions, suits, attachments or other legal proceedings for or against me. This power includes, but is not limited to, the power to: appear on my behalf, and the power to settle any claim against me in whichever forum or manner my Agent deems prudent, and to receive or pay any resulting settlement.

    12. X_____Tax Matters

    13. To act for me in all matters that affect my local, state and federal taxes and to prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authority to:

       

      i.

      Prepare, sign and file income and other tax returns with federal, state, local and other governmental bodies, and to receive any refund checks; and

       

      ii.

      Obtain information or documents from any government or its agencies, and represent me in all tax matters, including the authority to negotiate, compromise, or settle any matter with such government or agency.

    14. X_____Government Benefits

    15. To act on my behalf in all matters that affect my right to allowances, compensation and reimbursements properly payable to me by the Government of the United States or any agency or department thereof. This power includes, but is not limited to, the power to prepare, file, claim, defend or settle any claim on my behalf and to receive and manage, as my Agent sees fit, any proceeds of any claim.

    16. X_____Retirement Benefit Transactions

    17. To act for me and represent my interests in all matters affecting any retirement savings or pension plans I may have. This power includes, but is not limited to, the power to continue contributions, change contribution amounts, change investment strategies and options, move assets to other plans, receive and manage payouts, and add or change existing beneficiaries. My Agent cannot add himself or herself as a beneficiary unless he or she is already a designated beneficiary as of the signing of this document.

    18. X_____Family Care

    19. To make whatever expenditures are required for the maintenance, education, benefit, medical care and general advancement of me, my spouse and dependent children, and other persons that I have chosen or which I am legally required to support, any of which may include my Agent. This power includes, but is not limited to, the power to pay for housing, clothing, food, travel and other living costs.

    20. X_____Chattel and Goods Transactions

    21. To purchase, sell or otherwise deal with any type of personal property I may currently or in the future have an interest in. This includes, but is not limited to, the power to purchase, sell, exchange, accept as gift, place as security on loans, rent, lease, to pay or contest taxes or assessments, mortgage or pledge.

    22. X_____Estate Transactions

    23. To do any act that I can do through an Agent with regard to all matters that affect any trust, probate estate, conservatorship, or other fund from which I may receive payment as a beneficiary. This power includes the power to disclaim any interest which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate. However, my Agent cannot disclaim assets to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Agent or my Agent’s estate.

    24. X_____Living Trust Transactions

    25. To transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer. This property can include real property, stocks, bonds, accounts, insurance policies or other property.

    26. X_____Gift Transactions

    27. To make gifts to my spouse, children, grandchildren, great grandchildren, and other family members on special occasions, including birthdays and seasonal holidays, including cash gifts, and to such other persons with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Agent may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.

    28. X_____Charity Transactions

    29. To continue to make gifts to charitable organizations with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Agent may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.

    30. X_____Employ Required Professionals

    31. To appoint and employ any agents, servants, companions, or other persons, including nurses and other health care professionals for my care and the care of my spouse and dependent children, and accountants, attorneys, clerks, workers and others for the management, preservation and protection of my property and estate, at such compensation and for such length of time as my Agent considers advisable.

      X_____Manage Real Estate

    32. To manage the property owned by me, or in which I have an interest, located at _____________________________________________________, and municipally known as _____________________________________________________. This power includes, but is not limited to, the power to receive rents, make repairs, pay expenses including the insuring of the property and generally to deal with my property as effectually as I myself could do; to take all lawful proceedings by way of action or otherwise, for recovery of rent in arrears, or for eviction of tenants; and to commence, carry on and defend all actions, suits and other proceedings touching my property or any part of it.

    33. X_____Manage Specific Financial Account

    34. To control my accounts with ____________________ Bank, located at _________________________________________, Account Number(s)__________________________________________. This power includes the authority to conduct any business with respect to any of my listed accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any cheques or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity, and to perform any act necessary to deposit, negotiate, sell or transfer any note, security or draft.

  14. Agent Compensation

  15. My Agent will receive no compensation except for the reimbursement of all out of pocket expenses associated with the carrying out of my wishes.
  16. Co-owning of Assets and Mixing of Funds

  17. My Agent may not mix any funds owned by him or her in with my funds and all assets should remain separately owned if at all possible.
  18. Personal Gain from Managing My Affairs

  19. My Agent is not allowed to personally gain from any transaction he or she may complete on my behalf.
  20. Delegation of Authority

  21. My Agent may not delegate any authority granted under this document.
  22. Agent Restrictions

  23. This Power of Attorney is not subject to any conditions or restrictions other than those noted above.
  24. Notice to Third Parties

  25. Any third party who receives a valid copy of this Power of Attorney can rely on and act under it. A third party who relies on the reasonable representations of my Agent as to a matter relating to a power granted by this Power of Attorney will not incur any liability to the Principal or to the Principal’s heirs, assigns, or estate as a result of permitting the Agent to exercise the authority granted by this Power of Attorney up to the point of revocation of this Power of Attorney. Revocation of this Power of Attorney will not be effective as to a third party until the third party receives notice and has actual knowledge of the revocation.
  26. Severability

  27. If any part of any provision of this document is ruled invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provisions or the remaining provisions of this document.
  28. Acknowledgment

  29. I, _______________, being the Principal named in this Power of Attorney hereby acknowledge:
    1. I have read and understand the nature and effect of this Power of Attorney;
    2. I am of legal age in the State of Florida to grant a Power of Attorney; and
    3. I am voluntarily giving this Power of Attorney.

IN WITNESS WHEREOF
I hereunto set my hand and seal at the City of ________________ in the State of Florida, this ___ day of ____________________,20___.

SIGNED, SEALED, AND DELIVERED

     

in the presence of:

     
       

Witness: ______________________ (Sign)

     

Witness Name: ______________________

     

Address: ___________________________

   

__________________________________

___________________________________

   

_______________ (Principal)

       

Witness: ______________________ (Sign)

     

Witness Name: ______________________

     

Address: ___________________________

     

___________________________________

   


WITNESS CERTIFICATE

I, _________________________, currently residing at __________________________, in the City of __________________, in the State of ____________________, hereby acknowledge that:

  1. I witnessed the signing of the Power of Attorney of _______________ dated this ___ day of ____________________,20___.
  2. I am an adult with capacity to witness the signing of the Power of Attorney and I am the subscribing witness thereto.
  3. In my opinion, _______________ had the capacity to understand the nature and effect of the Power of Attorney at the time the Power of Attorney was signed and the Principal signed it freely and voluntarily without any compulsion or influence from any person.
  4. I am not the Agent named in the Power of Attorney nor am I the Agent’s spouse or other family member.

_________________________

_________________________

(Signature of Witness)

(Date)


WITNESS CERTIFICATE

I, _________________________, currently residing at __________________________, in the City of __________________, in the State of ____________________, hereby acknowledge that:

  1. I witnessed the signing of the Power of Attorney of _______________ dated this ___ day of ____________________,20___.
  2. I am an adult with capacity to witness the signing of the Power of Attorney and I am the subscribing witness thereto.
  3. In my opinion, _______________ had the capacity to understand the nature and effect of the Power of Attorney at the time the Power of Attorney was signed and the Principal signed it freely and voluntarily without any compulsion or influence from any person.
  4. I am not the Agent named in the Power of Attorney nor am I the Agent’s spouse or other family member.

_________________________

_________________________

(Signature of Witness)

(Date)

A power of attorney is a legal instrument assigning a trustee power to act as your proxy should you be incapacitated, disabled or unavailable. As the party handing over power, you are the principal and the person you hand over power to is your agent or the attorney-in-fact.

If you are frightened by the prospect of handing over all the power over your life and all in it, you shouldn’t be because can control the kind of power you hand over. In the free Florida power of attorney form, you will have to select the type of power or powers of attorney you wish to grant your agent.

Powers of Attorney – Types

Florida Durable Power of Attorney Laws

Covered under code section 765.201, et seq. of the Health Care Surrogate Act, this document guides on the legal arrangements to follow when you wish to authorize an individual on the big decisions regarding life support and artificial sustenance of life should you be incapacitated. As the agent, you get to decide whether the patient remains hooked to the respirator or not.

For execution, the state of Florida requires that that agent selected be a competent adult and that the document should be signed with two adults as witnesses. Note that the state of Florida recognizes the agent as a surrogate.

The agent is granted special powers to authorize health care procedures and life-supporting procedures, treatments or artificial interventions. The life-prolonging procedures are meant to sustain, supplant, or restore spontaneous vital functions whose main purpose is to prolong the dying process, especially if a patient has a terminal condition.

However, before you fill out the free power of attorney form in Florida, note that the directives issued to the agent do not include power over medications or medical procedures that offer comfort in pain. At the same time, the agent cannot withdraw or withhold any procedure that could extend the life of a pregnant patient before the fetus is viable.

  • How is the POA document revoked?

    • The letter authorizing control over the health of a principal is revocable at any time by the principal

    • For the document to be deemed revocable, it should have the principal’s signature in writing and dated.

    • Other than the revocation notice, the document is deemed revoked if destroyed

    • If the principal gives an oral expression with the intention of revoking the document

    • It’s also revoked in the presence of a new health care POA that differs materially from the advance directive executed previously.

    • A divorce would revoke the power of the document if the former spouse were the principal’s agent or surrogate.

Interstate Validity

If an advance POA directive that’s executed in another state complies with the state laws in Florida, then it is valid for execution.

What happens when the attending physician us unwilling to go through with the directives of the durable letter of authority?

If unwilling to act on the directives, an attending physician makes any reasonable attempts at transferring the patient to a physician willing to handle the case.

  • If the attending physician’s unwillingness stems from their moral beliefs, then he or she should, within 7 days:

    • Transfer the incapacitated patient and also cater for the transportation costs to the willing health care provider

    • They also have to carry out the patient’s wishes unless different provisions or a judicial intervention exist.

However, an attending physician acting in good faith will not be found liable for any criminal, civil or professional faults.

Florida General Non-Durable POA Law

This non-durable POA is covered under the 709.01 POA section that covers the issuance of authority to a nominee after the death of a principal.

According to this law, the agent must act lawfully after the principal dies, just as they would if the principal was alive. The legal requirement to act lawfully remains valid and legally binding whether the principal is alive or dead. The condition for the execution of authority should the principal be dead is that the agent should have acted in a bona fide manner without knowledge of the principal’s death at the time of action.

The agent must sign an affidavit stating that the agent did not have any knowledge of the principal’s death when executing the orders. In this case, the lack of knowledge will be conclusive proof of the absence of fraud on the agent’s end.

  • According to section 709.015 of the non-durable POA laws, the following will happen to the agent’s authority should the principal go missing:

    • The actions of the agent will remain valid and legally binding as if the principal were alive and binding should the principal disappear

    • If the POA is required for execution and the delivery of any recordable document, the agent’s POA will remain valid.

    • If requested, the agent has to make an affidavit showing that they were unaware of the incident

    • The agent will execute directives for the property up to one year after the principal’s missing report.

Florida Limited Power of Attorney Law

This law allows the principal to give the agent specific powers. It follows the Pennsylvania Consolidated Statutes in Section 5605 Title 20 stating that the document irrevocable unless the principal issues a notice to the agent and third parties involved.

Get your power of attorney forms from us today whether you live in Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Tallahassee, Port St. Lucie, Cape Coral, Fort Lauderdale or any other city of Florida.

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FL Power of Attorney

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