Guide to Making a Florida Power of Attorney

Planning for the future often means preparing for the unexpected, and a Power of Attorney (POA) is a key part of that process. In Florida, there are specific rules you’ll need to follow to make sure your POA is legally valid and effective. This guide walks you through Power of Attorney Florida requirements, the types available, and the steps to create one that meets state law, so you can feel confident your wishes will be carried out when it matters most.

What Is a Power of Attorney in Florida?

In Florida, a Power of Attorney (POA) is a legal document that lets you give someone else—called your “agent” or “attorney-in-fact”—the authority to act on your behalf. Depending on the type of POA, your agent can handle financial matters, sign documents, or make decisions if you’re unable to. Florida power of attorney requirements are strict: the document must be signed with two witnesses and notarized to be valid.

Without a valid Power of Attorney, your loved ones may be forced to go through probate court to get permission to manage your affairs if you become incapacitated called Conservatorship. Conservatorship can be time-consuming and expensive, often costing families thousands of dollars in legal fees. Creating a POA now is a simple way to save your family from that financial and emotional burden while ensuring your wishes are carried out smoothly.

Types of Power of Attorney in Florida

Below are the main types of Powers of Attorney recognized in Florida, each designed for different needs depending on what decisions you want your agent to make.

General POA 

A General POA grants broad powers to your agent, but it ends if you become incapacitated. It’s often used for temporary situations where you need someone to handle a wide range of tasks.

Limited/Special POA 

A Limited POA gives your agent authority for a specific task, such as selling property or managing one account. Once that task is completed, the POA automatically ends.

Durable POA 

A Durable POA gives your agent authority to manage financial and legal matters even if you become incapacitated. It remains valid until you revoke it or pass away, making it one of the most common forms in Florida.

Health Care Power of Attorney Florida

In Florida, medical decisions are handled through a Health Care Surrogate Designation, which functions like a medical POA. This document allows you to name someone to make health care choices if you’re unable to speak for yourself.

Florida Power of Attorney Requirements

• Must be in writing.

• Signed by the person creating the POA (the “principal”).

• Signed in the presence of two witnesses.

• Notarized by a Florida notary public.

• The agent must be a competent adult; more than one agent can be named if desired.

The exception to these requirements is a Health Care Surrogate Designation, which does not have to be notarized. Additionally, at least one of the witnesses cannot be named the surrogate. 

How to Get Power of Attorney in Florida

Getting a Power of Attorney in Florida involves a few clear steps, but it’s important to follow the state’s specific rules to ensure your document is valid. Here’s what you need to know to create a POA that works when your family needs it most.

1. Decide the Type of Florida POA You Need

Choose between a Durable, General, Limited, or Health Care Surrogate designation depending on whether you need ongoing authority, broad powers, or specific tasks covered.

2. Pick a Trusted Agent

Select a competent adult you fully trust to act in your best interest, whether that’s handling finances, legal matters, or health care decisions.

3. Use a Legally Compliant Florida POA Form

Make sure you’re using a Florida-specific document, since the state has unique requirements that generic forms may not meet.

4. Sign, Witness, and Notarize

Florida requires POAs to be signed by you, witnessed by two adults, and notarized by a Florida notary public to be valid.

5. Distribute Copies to Relevant Parties

Give signed copies to your agent, family members, financial institutions, and doctors so they’re prepared to honor your POA when needed.

Common Mistakes to Avoid with a Florida POA

• Not following Florida’s strict signing rules – A Florida POA must be signed by the principal, witnessed by two adults, and notarized; skipping any step makes it invalid.

• Trying to create a “springing” POA – Florida law no longer allows POAs that only take effect after incapacity; authority begins immediately once signed.

• Using an out-of-state or generic form – Florida has unique requirements, and a noncompliant form may not be recognized by banks, courts, or medical providers.

• Not specifying powers clearly – Florida requires explicit language to grant certain powers, like making gifts or handling real estate, which generic wording may not cover.

• Overlooking updates – Major life changes, like moving or divorce, can make an old POA ineffective under Florida law if not updated.

When Does a Florida Power of Attorney End?

A Florida Power of Attorney ends when the principal revokes it, passes away, or if the purpose of the document is fulfilled. It also ends if the named agent can no longer serve and no alternate is listed. Durable POAs stay valid through incapacity, but all POAs end at death.

FAQs: 

Can I use a POA from another state in Florida?

Yes, Florida generally accepts a Power of Attorney created in another state if it was valid under that state’s laws. However, some financial institutions or healthcare providers may be hesitant to honor it, so creating a Florida-compliant POA is often the safer choice.

Does a Florida POA need to be notarized?

Yes. In Florida, a Power of Attorney must be signed in front of two witnesses and a notary public to be legally valid.

Can I have multiple agents in a Florida POA?

Yes, you can name multiple agents in a Florida Power of Attorney. You’ll need to specify whether they must act together (jointly) or if each can act independently.

What’s the difference between a POA and a health care surrogate in Florida?

In Florida, a Power of Attorney (POA) is used for financial and legal matters, while a Health Care Surrogate is appointed to make medical decisions if you can’t. 

How much does it cost to get a POA in Florida?

The cost of getting a Power of Attorney in Florida depends on how you create it. Using the state’s free forms or an online service like Trust & Will is usually the most affordable option, while hiring an attorney will cost more but may be necessary for complex situations. 

Set Up Your Florida Power of Attorney Easily with Trust & Will

Creating a Power of Attorney in Florida is one of the most effective ways to ensure your financial, legal, and medical wishes are honored when you can’t act on your own. By taking this step now, you protect yourself and relieve your loved ones of the stress and expense of navigating complicated legal processes later.

With Trust & Will, you can create a Florida-specific POA online, along with other essential documents like a Florida will or trust. Our platform makes it simple to cover every detail—whether that’s naming a trusted agent, protecting your assets, or putting plans in place to help your family avoid  conservatorship . Start today and give yourself the peace of mind that comes from knowing your future is secure and your loved ones are cared for.

Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.