How to Get a Power of Attorney in Florida - Step-by-Step Guide | Cuzmar Law

How to Get a Power of Attorney in Florida (And Why You Should)

A Power of Attorney (POA) is one of the most important legal documents you can create in your lifetime—but it’s also one of the most misunderstood. In Florida, the rules are very specific. If you don’t set up your POA correctly, your loved ones may have to go through guardianship court just to help you.

Whether you're planning for the unexpected, facing a medical diagnosis, or caring for aging parents, understanding how to set up a Power of Attorney in Florida is essential.

What Is a Power of Attorney?

A Power of Attorney is a legal document that allows you (the principal) to give another person (the agent or attorney-in-fact) the legal authority to act on your behalf. That authority can cover financial decisions, property matters, and more, depending on how the POA is written.

In Florida, a POA becomes effective as soon as it’s signed and witnessed—springing powers of attorney (those that only go into effect upon incapacity) are no longer recognized under current Florida law.

You can learn more about these legal distinctions from the Florida Bar’s estate planning guide.

Types of Power of Attorney in Florida

Florida recognizes several types of POA, each with different levels of authority:

1. Durable Power of Attorney

This is the most common type. It remains in effect even if you become mentally incapacitated. Most estate plans use a durable POA because it ensures someone can handle your financial matters if you're no longer able.

2. General Power of Attorney

Gives broad powers over your finances and legal matters, but ends if you become incapacitated. Less commonly used due to this limitation.

3. Limited or Special Power of Attorney

Only allows the agent to act in specific situations, such as selling a home or managing one account. It’s useful when you need someone to handle one task while you're unavailable.

4. Medical Power of Attorney (a.k.a. Health Care Surrogate)

In Florida, this is a separate document that lets someone make medical decisions for you. Often paired with a living will.

We recommend making your financial POA a part of a comprehensive estate plan, including a Florida Revocable Trust to ensure every scenario is covered.

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Why Do You Need a Power of Attorney?

Without a valid POA in place, your loved ones may be forced to file for guardianship—a time-consuming and expensive court process—to manage your affairs.

A POA can:

• Ensure bills are paid and assets are managed if you’re incapacitated
• Let someone handle legal paperwork and sign documents for you
• Allow a trusted agent to talk to banks, utility companies, and even the IRS on your behalf

More importantly, having a POA gives you the control to choose who you trust. Without one, the court decides.

In cases where Medicaid planning is needed, a POA is critical. If your agent doesn't have authority to make gifts or transfer assets into a Medicaid Asset Protection Trust, your family may not be able to qualify you for long-term care assistance.

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Florida-Specific Rules You Must Know

Florida law has strict requirements for POAs:

• The principal must be competent at the time of signing
• It must be signed in the presence of two witnesses and a notary public
• Springing POAs are not allowed (effective upon incapacity); POAs are effective immediately unless otherwise limited
• The document must be very specific about what powers are being granted
• Banks and financial institutions may have their own internal forms—but a well-drafted POA should still be honored

If you’re unsure about your POA’s language, consult an estate planning attorney to ensure it complies with Florida law. It’s worth avoiding a legal disaster down the line.

How to Create a Power of Attorney in Florida

Here’s what the process looks like step by step:

1. Decide Who Your Agent Will Be

Choose someone you deeply trust. This person will have access to your finances and legal affairs. It could be a spouse, adult child, sibling, or close friend.

2. Work With an Attorney

A generic template won’t cut it—especially in Florida. The powers must be expressly written into the document, especially for actions like gifting, trust creation, or real estate transfers.

If you already have a trust, your POA should coordinate with it. For example, your agent should have the authority to transfer assets into your revocable or irrevocable trust if needed.

3. Sign the Document Properly

You must:

• Sign the POA in front of two witnesses and a notary
• Ensure your witnesses are not named as agents or beneficiaries

This formality ensures the POA will be honored across financial institutions.

4. Distribute Copies

Once signed, give copies to:

• Your agent
• Backup agent (if named)
• Your attorney
• Your financial advisor or CPA
• Your bank or any institutions where the agent will act

What Happens Without a Power of Attorney?

Without a POA, your family may have to:

• File a petition in guardianship court
• Attend hearings to prove your incapacity
• Face court oversight of every financial decision
• Spend thousands on legal fees

This process is public, stressful, and time-consuming. And it can delay important decisions like paying for care, managing property, or applying for benefits.

If you’re trying to protect your assets from long-term care costs, not having a POA may prevent your loved ones from setting up asset protection tools like a Lady Bird Deed in Florida or a Medicaid trust.

Can a Power of Attorney Be Changed or Revoked?

Yes. You can revoke a POA at any time as long as you’re mentally competent.

To revoke:

• Draft a revocation of POA letter
• Notify your agent in writing
• Provide updated documents to banks or institutions
• Destroy old copies

If you create a new POA, it usually supersedes the old one—but it’s still best to explicitly revoke the old document.

When Should You Update a Power of Attorney?

Review and possibly update your POA if:

• You move to Florida from another state
• Your relationship with the agent changes
• The agent passes away or becomes unavailable
• Major life events happen (divorce, new baby, retirement)
• You update your Florida estate plan

A stale POA—especially one more than 5-7 years old—may be rejected by banks or other institutions.

Real Example: Why an Outdated POA Caused a Crisis

A client’s mother had a POA created in another state over a decade ago. When she became ill in Florida, the bank refused to honor it. The wording was vague, and it hadn’t been updated in years. The family had to petition for guardianship to pay her bills.

Had she updated her POA with a Florida attorney, they could’ve avoided months of stress and thousands in legal costs.

Don’t Wait for a Crisis

A POA is something you hope you never have to use—but if you ever do, you’ll be incredibly glad it’s done right.

Don’t rely on outdated templates or risky DIY documents. Make sure your Florida POA is clear, customized, and legally enforceable.

Need Help Creating Your Florida Power of Attorney?

At Cuzmar Law, we’ve helped countless families set up comprehensive Florida estate plans that include a valid, ironclad POA.

Schedule a free consultation to get started today.

We’ll guide you step by step so you can move forward with clarity and confidence.

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