Durable Power of Attorney in Florida
Given the unpredictable nature of life, you never know what’s in the future for you. Accidents, illness, or sudden incapacity can happen when you least expect them.
And if you become unable to handle your finances , who will step in? Will your loved ones know what to do?
Without a Durable Power of Attorney (DPOA) in place, your family may have to go through a costly and stressful legal process just to take care of your affairs—and they may not even know what you would’ve wanted them to do.
A DPOA gives you control over your future by naming someone you trust to act on your behalf. Managing your bank accounts? Paying bills? Handling investments? A Durable Power of Attorney can do it all.
At Lappin Estate Planning, we help clients create ironclad, legally binding Durable Power of Attorney in Florida that’s tailored to protect their interests. Our goal is to provide someone you trust with the appropriate amount of power while still protecting your best interests.
Ready to get started on your durable power of attorney document? Call us at 561.778.8590 or submit a contact us form to us to request a consultation.
What Is a Durable Power of Attorney?
Imagine you are in an accident or suddenly fall ill. You can’t pay your bills and access your bank accounts. What happens next?
Without the right legal protection, your loved ones may have to go to court just to handle your affairs. That takes time, money, and adds stress during an already difficult moment. Not a very pleasant situation to be in neither for you nor for your family.
A Durable Power of Attorney solves this problem. It’s a legal document in which you (as the principal) can choose someone you trust to act on your behalf if you become unable to manage things yourself. This person, called your agent or attorney-in-fact, can step in and handle important financial decisions according to your wishes.
And the best part? A DPOA stays valid even if you become incapacitated, which means no court involvement is needed. It gives you control over your future, protects your assets, and spares your family unnecessary hardship.
Let Us Help
Your legacy is your story, your hard work, and your loved ones’ future. We make estate planning simple, personal, and built around what matters most to you. Our lawyer is here to help you create a clear plan that gives you confidence today and security for tomorrow.
Types of Durable Power of Attorney
Not all DPOAs are the same. Only your needs and goals will determine which type is best for you. Some focus on medical decisions, while others cover financial matters or specific tasks.
Choosing the right one ensures that the right person has the right level of authority when you need them most. Here are the common types of durable power of attorney:
1. Durable Financial Power of Attorney
Bills don’t stop coming in just because you are unable to manage them. Yes, not even your incapacity is an excuse for non-payment or delayed payment. The solution is a financial durable power of attorney that gives your agent the power to handle money matters for you.
They can pay bills, file taxes, manage bank accounts, conduct trust business, and oversee investments. This tool is helpful if you need someone to step in immediately if you become incapacitated and is also useful for those who travel often or have multiple properties.
2. Special or Limited Durable Power of Attorney
Not every situation requires full control over all aspects of your life. And if you are not comfortable with that, that’s totally understandable. Fortunately, there is a limited Durable Power of Attorney that lets you grant authority for specific tasks.
For example, if you need someone to handle only your Medicaid applications, real estate transactions, or business affairs, a limited DPOA can be tailored to cover just that. This ensures that your agent’s power is focused on what matters most to you without giving them unlimited access.
Which DPOA Is Right for You?
Each type of DPOA serves a different purpose. Some people may need just one, while others may need a combination to cover all their needs. At Lappin Estate Planning, we help Florida residents create custom DPOAs that fit their unique situations. Whether you need protection for financial affairs, or something more specific, we will make sure you are covered.
Creating a Durable Power of Attorney
If you are considering setting up a durable power of attorney, you may be thinking “But how do I actually create one?” With the right guidance, it’s easier than you think. Here’s the process:
1. Choose the Right Type of Durable Power of Attorney
As discussed earlier, not all DPOAs are the same, so the first step is to choose the one that fits your needs. Do you need someone to manage your finances? Or handle a specific legal or business matter?
- Note: Some people choose to create multiple DPOAs, ensuring they have the right protections in place for both financial and medical decisions.
2. Consult with a Lawyer
This isn’t a document you want to get wrong. That’s why it’s a good idea to meet with an estate planning attorney. A lawyer can help you:
- Decide what type of DPOA you need (financial, limited, or other)
- Outline your agent’s responsibilities
- Ensure your document meets all state legal requirements
The state of Florida has specific rules about what a DPOA must include. Without the proper wording or signatures, your document could be invalid. At Lappin Estate Planning, we make sure your DPOA is legally sound and tailored to your exact needs.
3. Discuss with Family Members
Choosing your agent is a big decision and should be made with careful consideration. You should pick someone responsible, trustworthy, and willing to take on the role. Before making it official, have an open conversation with your family. Let them know:
- Who you are choosing and why
- What responsibilities they will have
- What decisions they may need to make on your behalf
This step prevents confusion and potential disputes later on. Skipping this step can lead to family tension later on. And that’s the last thing you want.
4. Officially Record the Document
Once your DPOA is drafted and reviewed, it’s time to sign and finalize it. Pursuant to Florida Law, a Durable Power of Attorney in Florida must be:
- Signed in front of a notary
- Witnessed by two individuals
After signing, store the document in a safe but accessible place. Let your agent and close family members know where it is. If they can’t find it when it’s needed, it won’t do any good. Some people also give copies to their doctor, financial advisor, or attorney to ensure it’s available in an emergency.
5. Select a Backup Agent (Just in Case)
Life happens. Your first-choice agent may become unavailable, unwilling, or unable to serve when the time comes. That’s why it’s smart to name a backup agent or, in other words, a successor agent. If your primary agent can’t fulfill their duties, your backup can step in without delays.
Without a successor agent, your loved ones may have to go to court to appoint someone, which defeats the purpose of having a DPOA in the first place. So, planning for the unexpected is a smart strategic move.
6. Communicate With Key People About Your DPOA
A DPOA is only useful if the right people know it exists. And it makes sense. Once your document is finalized, share copies with:
- Your chosen agent (so they know their role and responsibilities)
- Your chosen successor agent (if any)
- Your financial institutions (if your agent will manage accounts)
- Your estate planning attorney (for safekeeping)
You don’t have to share every detail, but making sure key individuals know the DPOA exists prevents confusion and delays if it’s ever needed.
Responsibilities Handled by a Durable Power of Attorney (DPOA)
A Durable Power of Attorney in Florida is more than just a legal document. It’s a safeguard for your future, ensuring that your financial and legal matters are handled smoothly if you become unable to manage them yourself. Your chosen agent, also called an attorney-in-fact, takes on these responsibilities, acting in your best interest at all times.
Here’s a closer look at the wide range of tasks a DPOA can cover.
1. Financial Management
With a DPOA, your agent can manage your money, ensuring your financial stability while protecting your assets. Their duties may include:
- Bill payments – Handling rent/mortgage, utilities, credit cards, loans, and other recurring expenses to avoid late fees.
- Bank transactions – Managing bank accounts, making deposits and withdrawals, transferring funds, and setting up direct deposits.
- Investment management – Buying, selling, and managing stocks, bonds, mutual funds, and retirement accounts.
- Tax filings – Preparing and filing federal, state, and local tax returns, working with accountants, and handling audits.
- Asset management – Overseeing real estate, rental properties, business interests, and other financial assets.
- Debt management – Negotiating or paying off loans, credit card balances, or other outstanding debts.
- Social security and benefits – Applying for or managing Social Security, pensions, VA benefits, Medicaid, and Medicare.
- Insurance transactions – Managing life, home, health, and auto insurance policies, filing claims, and handling settlements.
- Business decisions – Running or closing a business, signing contracts, and handling payroll or employee issues if applicable.
Without a financial DPOA, your loved ones may have to go to court just to access your funds, pay bills, or even handle routine financial matters.
2. Legal Affairs
A DPOA can also grant your agent the ability to handle legal responsibilities on your behalf. These may include:
- Legal representation – Hiring an attorney and representing you in legal cases or disputes.
- Contract signings – Reviewing, negotiating, and signing contracts for property transactions, business deals, or other agreements.
- Real and personal property management – Handling real estate matters, including leasing, selling, refinancing, and maintaining properties.
- Estate and trust management – Amending trusts, funding trusts and engaging in gift tax transactions.
- Settling claims and lawsuits – Managing settlements, legal claims, or disputes related to your finances or business.
Having a DPOA in place prevents legal delays and ensures that your affairs will always be handled promptly no matter what happens to you.
3. General Responsibilities
No matter what type of DPOA you establish, your agent has certain general duties, including:
- Following your instructions – Acting in line with the powers granted in the DPOA document and making decisions based on your best interests.
- Keeping finances separate – Your agent cannot mix their own money with yours or make personal financial gains from your assets.
- Maintaining detailed records – Tracking transactions, contracts signed, and decisions made to ensure transparency and legal compliance.
- Acting honestly and ethically – Fiduciary duty requires your agent to act responsibly, avoiding conflicts of interest or abuse of power.
- Communicating with family members – Keeping loved ones informed about major financial decisions when appropriate.
At Lappin Estate Planning, we strive to create customized Durable Powers of Attorney that cover all the areas that matter most to our clients.
Termination and Revocation
Although a DPOA is a powerful legal tool, it doesn’t last forever. Just like you have the right to create one, you also have the right to revoke, update, or terminate it when you want to. Life changes—relationships shift, circumstances evolve, and sometimes, the person you trusted to handle your affairs is no longer the best fit.
When Does a Durable Power of Attorney End?
A DPOA remains in effect until any of the following happens:
- You revoke it: You can cancel your DPOA at any time, as long as you are still mentally competent.
- You pass away: A DPOA immediately becomes void upon your death. At that point, only your executor (through your will or estate plan) can make financial or legal decisions.
- A court invalidates it: If there’s evidence of fraud, coercion, or undue influence, a judge may rule your DPOA invalid.
- Your agent can no longer serve: If your chosen agent is no longer willing or able to act on your behalf, the DPOA may become ineffective (provided that you didn’t name a successor).
- Specific expiration date or condition is met: If you included an end date or a condition (such as recovery from an illness) in the document, your DPOA will expire accordingly.
If your DPOA is outdated or no longer reflects your wishes, you need to review and update it to prevent legal complications later. And the sooner you do it the better. Otherwise, if an emergency occurs, there may not be anyone in place to handle your affairs.
How to Revoke a Durable Power of Attorney
If you decide to change or cancel your DPOA, you must take the proper legal steps to make it happen the right way:
- Create a written revocation: Draft a legal document stating that you are revoking your existing DPOA. It’s best to seek counsel from an estate planning lawyer to make sure it’s done correctly.
- Notify your agent: Let your current agent know in writing that they no longer have authority to act on your behalf.
- Inform financial institutions : If your agent had access to your bank accounts, notify those institutions immediately. Provide them with a copy of the revocation.
- Destroy copies of the old document: If you have physical copies of the revoked document, shred them to prevent any confusion or misuse.
- Record the revocation: If your original DPOA was filed with the county recorder’s office (which is sometimes required for real estate transactions), you will need to file your revocation there as well.
- Create a new DPOA (you need it): If you are revoking a DPOA because you want to create a new document, don’t leave a gap in your legal protection. Create a new document right away.
But when should you actually update or replace your Durable Power of Attorney in Florida? This may be an appropriate course of action if your relationship with the chosen agent has changed (e.g., it was your ex-spouse and you got divorced), you moved to another state, or your financial/medical situation has changed. Whatever happens, we—here at Lappin Estate Planning—will make sure your legal documents stay up-to-date, legally sound, and tailored to your needs.
When Can the Court Invalidate Your Durable Power of Attorney?
A Durable Power of Attorney is meant to be a solid legal document that gives someone you trust the ability to manage your affairs. However, just because you have signed it doesn’t mean it’s set in stone.
Under certain circumstances, a Florida court can invalidate your DPOA, stripping your agent of their authority.
Here are the key reasons why it might happen:
- Lack of mental capacity when signing: A court can invalidate your DPOA if someone successfully argues that you had dementia, you were under the influence of medications, drugs, or alcohol that clouded your judgment, or you simply didn’t fully understand the document’s terms or consequences when signing.
- Fraud or forgery: A court can invalidate your DPOA if there was a forged signature, the principal was tricked or misled about what they were signing, or the document was altered after signing without the principal’s approval.
- Undue influence or coercion: If someone pressured, manipulated, or forced you into signing the document, a court can revoke it on the grounds of undue influence.
- The agent’s abuse of power: The court will invalidate the DPOA if the agent is caught stealing from the principal, making unauthorized financial transactions, mismanaging assets, or making decisions that don’t align with the principal’s wishes.
- Non-compliance with the law: If your DPOA is not properly executed under Florida law, a court won’t recognize it. Some of the legal requirements under Florida law include notarization, signing in the presence of two witnesses, and writing in clear, non-ambiguous language.
- The agent’s unavailability: A court can invalidate your DPOA if your agent becomes mentally incompetent or incapacitated, declines or resigns from their role, or is convicted of fraud, theft, or another crime that impacts their ability to act responsibly.
Don’t let mistakes or bad actors put your future at risk. With our team at Lappin Estate Planning by your side, you can make decisions that will impact your future in a positive way.
Important Clauses in a Durable Power of Attorney
When creating a durable power of attorney (DPOA), the details do matter. The wording in your document determines how much power your agent has, when it takes effect, and what they can or cannot do.
So, as you might have guessed, you shouldn’t rely on those online durable power of attorney templates too much.
Why do you need a well-crafted DPOA? It’s simple. The document should ensure your wishes are followed and prevent misuse of power. Here is a breakdown of the clauses you should pay your attention to when creating a durable power of attorney.
1. Springing vs. Immediate Effectiveness
One of the biggest decisions you should make is when your DPOA becomes active. There are two main options:
- Immediate DPOA: This takes effect as soon as you sign it. Your agent can start managing tasks right away, which is helpful if you need assistance with banking or business matter. Many people choose this option, especially as they age or deal with long-term health concerns.
- Springing DPOA: This type only takes effect under certain conditions, usually if you become incapacitated. A doctor may need to confirm that you are unable to make decisions before your agent can step in. This can provide peace of mind but might cause delays when action is needed quickly. New springing DPOAs are no longer allowed under Florida law.
2. Co-Agents and Successor Agents
Who will manage your affairs? A DPOA lets you appoint one or more people, but how you structure this matters, too.
- Co-agents: You can name two or more people to act on your behalf. They can either altogether (joint authority) or act separately (independent authority). With joint authority, both co-agents should find middle ground before making decisions. With independent authority, each agent can make decisions on their own.
- Successor agents: This is your backup plan. If your first-choice agent can’t serve (due to illness, death, or unwillingness), your successor agent takes over. Without one, your loved ones may have to go to court to appoint a replacement.
Naming a reliable agent and a backup ensures that someone you trust is always available to handle your affairs.
3. Specific Powers and Limitations
Your DPOA should clearly define what your agent can and cannot do. You can allow your agent to manage the following:
- Banking and bill payments – Pay expenses, transfer funds, and manage accounts.
- Investments and stocks – Buy, sell, or adjust financial portfolios.
- Real estate transactions – Sell, lease, or refinance property.
- Government benefits – Apply for Social Security, Medicaid, or VA benefits.
- Legal matters – Hire attorneys, handle lawsuits, or sign contracts.
Want to restrict certain powers? Your DPOA can:
- Prohibit real estate sales – If you don’t want your agent selling your home.
- Restrict gift-giving – Prevent them from transferring money or assets to themselves or others.
- Set spending limits – Require approval for large financial transactions.
Setting clear limits can prevent misuse while still giving your agent the flexibility they need.
4. Compensation and Reimbursement
Should your agent get paid? Some people choose to compensate their agent, especially if managing financial or legal affairs requires a lot of time. Others prefer their agent to serve without pay but allow for reimbursement of expenses (such as travel, legal fees, or document filings).
5. Revocation and Amendment Rules
Life changes, and so might your choice of agent. Your DPOA should include a clause explaining how you can revoke or amend it if needed. This ensures you remain in control and can make updates when needed.
Contact Lappin Estate Planning for Your Durable Power of Attorney
Life is unpredictable, but your future doesn’t have to be. A Durable Power of Attorney (DPOA) ensures that someone you trust is ready to step in when you need them most. Without one, your loved ones may face stressful legal battles, financial hardships, or delays in critical medical decisions.
At Lappin Estate Planning, we make the process simple, clear, and tailored to your unique situation. We will help you create a legally sound document that protects your interests. We will also guide you through choosing the right agent, setting limits, and ensuring your DPOA aligns with Florida law. Reach out today by calling at 561.778.8590 or contacting us via our website.
Frequently Asked Questions About Durable Power of Attorney in Florida
If you are considering a DPOA, you probably have a lot of questions—and we’ve got the answers. Below, we cover the most common concerns so you can move forward with confidence. If you didn’t find your question in the list below, consider speaking with an attorney.
A durable power of attorney provides many advantages, including:
- Without a DPOA, your loved ones may need to go to court to get a court-appointed fiduciary to manage your affairs;
- Your agent can handle bills, banking, and investments if you become incapacitated;
- If you are unable to make decisions, your agent can act quickly on your behalf;
- Your loved ones won’t have to guess what you would have wanted; and
- A DPOA gives you control over who manages your affairs and how they do it.
And the best part is this: you can customize your durable power of attorney to suit your needs and goals.
Many people make mistakes when drafting a DPOA on their own without an attorney. Some of the most common errors include:
- Choosing the wrong agent (you need someone who is trustworthy, responsible, and financially competent)
- Failing to specify powers and limits (a vague DPOA can lead to disputes or misuse of authority)
- Not naming a successor agent (If your first-choice agent can’t serve, having a backup prevents legal issues)
- Forgetting to update the document (you should review it every few years)
- Not following Florida legal requirements (the state has specific rules for DPOAs, including notarization and witness requirements)
By working with a lawyer, you can avoid these and other mistakes and rest assured knowing that your affairs are in good hands.
Once you have signed your durable power of attorney, you need to keep the original document in a secure but accessible place. You should also inform your agent to ensure they understand their responsibilities and have a copy of the document. If appropriate, notify financial institutions and other relevant parties. And don’t forget that you should review your document periodically to ensure it still provides the necessary protections even when laws and personal circumstances change.
A regular power of attorney (POA) grants an agent authority to act on your behalf, but it becomes invalid if you become incapacitated. A durable power of attorney (DPOA), on the other hand, remains in effect even if you become incapacitated, ensuring that your agent can continue managing your affairs without court approval.
A power of attorney allows you (the principal) to give legal authority to another person (the agent) to act on your behalf. This can include managing finances, making medical decisions, or handling legal affairs, depending on the type of POA you create. Your agent will have a legal obligation to follow your instructions and act in your best interest.
Consider someone who is responsible and ethical, someone who understands financial management, and has the necessary communication skills to coordinate with banks, attorneys, or doctors. Above all, the person you should should be willing and able to take on the responsibility and should respect your preferences.
No. In Florida, a Durable Power of Attorney only covers financial and legal matters. If you want someone to make medical decisions, you need a Designation of Healthcare Surrogate.
Yes. Florida law requires that a DPOA be notarized and signed in the presence of two adult witnesses. If the DPOA grants authority over real estate transactions, it may also need to be recorded with the county.
An agent has a legal duty to act in your best interest. If they abuse their power, they can be held financially responsible for any harm caused through legal action. After an instance of abuse, a judge can remove the agent. If the agent’s misuse of authority granted by the principal involves fraud or theft, they may also face criminal penalties.
In Florida, an agent must be at least 18 years old and mentally competent. Ideally, this should be a trusted family member, friend, or professional (such as an attorney or financial advisor). Certain individuals, like nursing home employees, may not serve as agents unless they are related to you.
Contact Us
Your future needs a plan—one that makes the most sense for your unique situation. At Lappin Estate Planning, we’re here to guide you through every step, from wills and trusts to asset protection and probate matters. Let’s build a strategy that fits your needs. Contact us today to start planning.
Location
370 Camino Gardens Blvd
Suite 106
Boca Raton, FL 33432
(We recommend entering via the blue awning on the left side of the building)
Phone Number
Email Address