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Free Fillable Florida Durable Power of Attorney Form

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For instance, you might face mental or other health challenges that deprive you of your transacting and decision-making ability. The form is useful for ensuring that your steward transacts for you, in your name, and your best interests. A power of attorney (POA) you delegate makes your trustee an agent or an attorney-in-fact. The trust makes you your agent’s principal, donor, or grantor. This POA remains in force even after your death or incapacitation.

So, you may also document a durable power of attorney to enable your business to go on undisrupted. It provides you a legally safe and binding delegation vehicle to decongest your life and lets you concentrate on more critical priorities. You also provide others with an opportunity to serve and learn proper steward. Hence, it’s beneficial to initiate this legal instrument early to save yourself crippling life disruptions.

Florida power of attorney forms – visit for more Florida-specific power of attorney templates that you may use.

Filling out the Florida Durable POA Form

Duly filling this critical form is a critical phase in the completion of a power of attorney. Thus, you should fill it carefully. Here are the steps to follow when filling out a Florida durable POA form.

Get a POA Template

You start the process by locating and downloading the forms from this website. You may choose the most suitable format like PDF, ODT, or Word. It’s prudent to save the form on your computer for convenient future use. If possible, you could print the form and fill it manually.

Provide the Parties’ Personal Data

Next, you must fill in the county’s name in which your agent will implement a power of attorney.

Afterward, you must identify all the parties involved in the trust. First, provide your name as the grantor in the first blank space in the first statement. Second, you should fill out your physical residence. Third, fill in your agent’s full name and the authority you wish to confer to them to transact on your behalf.

Determine the Agent’s Authorities

Next, furnish all the details concerning the powers you are delegating under your watch. The form has specific wordings that deliver authority to your agent in all the matters you appoint them to represent you. You may donate authority in a given matter or limit an agent’s actions in that matter by crossing the relevant statements. For example, you can restrict your agent from exercising payment powers by striking it off the list.

Sign, Seal, and Notarize the POA

After defining your agent’s authority, you must move on to prove your authorization. You have to sign your name on the form and date your signature on the blank spaces labeled as such. Your name should come below your signature.

Next, your two principal witnesses should sign the document and also include their signing date. The law requires your witnesses to sign the form on the same date as you. So, ensure they are available before you commit yourself to sign the form.

Also, note that you need to get a notary public to notarize this document and its signatures. The notary is the only legally mandated entity to verify the form’s signatures. They acknowledge and testify that you and your witnesses appeared before them personally, thus minimizing the threat of POA falsification.

Florida Durable POA Requirements

Every power of attorney in Florida must abide by its governing legal requirements indicated in Chapter 709 (Power of Attorney Act). A POA is durable only if it has this particular phrase, “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes.” Alternatively, the donor should use similar words to express their intention to donate their authority beyond their disability.

A durable POA is legally binding if a sane adult aged 18 years and over initiates it. They must hold the ability to enter a legally enforceable contract to initiate a POA. Also, any financial institution with trust powers, business premises in this state, and authority to deal in trust activities can initiate this kind of POA.

The law also requires grantors and two witnesses to sign a POA with the grantors acknowledging it before notaries public to become legally binding. However, two witnesses are enough to make the instrument legally enforceable. Thus, a donor is not legally obligated to notarize a power of attorney.

In cases where principals are physically incapable of signing a POA, notaries public before whom they swear oaths or acknowledge the POA can sign the donors’ names.

Other Florida Forms By Type

Other Durable Power of Attorney Forms By State