A Power of Attorney (“POA”) is a legal document that gives someone else authority to make decisions or take action on your behalf. You must be at least 18 years, of sound mind and have witnesses to create a Florida power of attorney. 

Types of POA in Florida

• Designation of Health Care Surrogate: it allows your health care proxy or agent to make medical decisions for you if you become unable to do so. 

• General Power of Attorney/Financial Power of Attorney: This allows someone else to make decisions and take actions regarding your finances or business affairs. 

• Florida real estate power of attorney: This is a limited power of attorney that authorizes your agent to buy or sell property for you. 

• Florida Department of Revenue POA: This gives your agent the right to access your taxpayer information and handle tax matters on your behalf. 

How to create a power of attorney in Florida

1. Hire an estate planning attorney to create your official documents: select your agent and indicate when they can act on your behalf. 

2. Sign your POA with the required notary and witnesses present: have two disinterested witnesses for a designation of health care surrogate, or two witnesses plus a notary public present for any other POA.

3. Store your document in a safe place with your other estate planning documents.

4. Provide a copy of your POA to other relevant parties.

Florida POA requirements

In order to create a power of attorney in Florida, you need to meet the following requirements:

• You must be at least 18 years old.

• You must be of sound mind as interpreted by Florida law.

• Your chosen agent (or agents) must be at least 18 years old and of sound mind.

• Your POA must be signed by two competent adult witnesses and a notary public.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.